I have rented a home with a shared driveway. The owner of…

Hello.

Yes you have right to get what you bargained for. I assume the parking is a part of your rent.

Are both your landlord and the offending parking person in the same Strata? If so, do you know if the offending party is an owner or another tenant?

Can you occupy that space without infringing yourself?

Tom

If this was done properly, the strata plan should show that the driveway is limited common property. This means the strata owns the land but it is for the exclusive use of someone. In this case, the plan should show that the driveway is for the benefit of your unit and the neighbor's.

The other method is claiming an easement under the Strata Property Act. But, if it is truly a shared driveway, it should be noted on the strata plan.

Your landlord should be helping you with this. You could claim against him for a reduction in rent for not having a driveway under the Residential Tenancy Act.

So, the landlord should complain to the strata council but nothing stops you from going to them. They should be fining the neighbor.

It is true that this is a civil matter so police will not take any action. They may talk to the neighbor to keep the peace but they have no legal jurisdiction. Likewise, you have no basis for having the car towed. The strata council could perhaps depending on what the bylaws and rules state about cars blocking access. Most stratas do mention parking problems and remedies.

The strata council should solve the problem. If they do not help you, then the Strata Property Act allows a tenant to take an owner to arbitration. Yes you could sue but arbitration is cheaper and faster. It still results in a decision and an order that can be enforced.

On your facts, the neighbor is going to lose and then would have to pay your costs. However, in my opinion, while it is your inconvenience, it is the landlord's problem. The landlord should be taking these steps as he/she is responsible for solving the issue.

So, council can fine the neighbor and perhaps tow the car so start there with your landlord's help or not. This should resolve the matter but if not, get your landlord to fund an arbitration.

Please advise if you need any clarification. I am happy to answer any supplementary questions. Otherwise, please consider rating my answer well.

Tom