Came home to find some of our fence down our
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| 151 | Im following this because our situation is very similar, a right of way owned by 4 houses in strips the length of drive, 5th section built their 2 houses last and used ROW for their permanent access, they dont have any legal ownership and then refused to contribute to maintenance, then everyone else refused. It will eventually become difficult when major maintenance is needed. articferrit - 2020-12-03 15:09:00 |
| 152 | lakeview3 wrote: Welcome Back LV - and Yep, you nailed it. lyl_guy - 2020-12-03 15:40:00 |
| 153 | christin wrote:
Just ask your lawyer. johnston - 2020-12-03 16:08:00 |
| 154 | lakeview3 wrote:
I have repeatedly tried to help her by recommending she seek her lawyer's advice. What is so abhorrent about that? johnston - 2020-12-03 16:09:00 |
| 155 | johnston wrote:
Who said it was about this? christin - 2020-12-03 16:27:00 |
| 156 | lovelurking wrote:
Speshly for Lakeview, this was my advice... You must have hated being muzzled for a month, thank goodness you are back, it’s been awful here without you as the class monitor... lovelurking - 2020-12-03 16:38:00 |
| 157 | The question we wanted answers to was can be use our driveway. We have our answer. Yes he can. I am waiting on further things I have to discuss with the lawyer and when I get that I will go further in depth. As I have said I have other much more pressing personal issues at the moment. Hence why the neighbour has been dealing with council etc. Ones I don’t want to, nor need to tell people not directly involved. christin - 2020-12-03 16:41:00 |
| 158 | christin wrote: I think you do need to check with your layer as what rights you have to use the driveway. sparkychap - 2020-12-03 16:45:00 |
| 159 | sparkychap wrote:
That would be a twist to the story! hazelnut2 - 2020-12-03 17:07:00 |
| 160 | christin wrote:
Oh for goodness sakes OP. Can you not see that you are in a very dire situation! I have no doubt that Sparky is onto the situation, knowing him and his extraordinary Sherlock Holmes ability, you will see that he has tried to advice you that the driveway is actually part of the neighbours property .... so to sit there and say you don't "necessarily" think he can use the driveway to service his multiple apartments is crazy. The fact the developer didn't tell you this outright shows you that he's got no problem stringing you along (because it's guaranteed he knows). It shouldn't worry you whether 'we' think you dumb or not ... rest assured he does. ;) I bet you $100 he's not got you those plans yet. Bet you another $100 he never does. No idea what your personal issues are you deem more important and frankly no-one here wants to know ... we just want you to understand that your inactivity and the way you are prioritising this issue is costing you dearly in terms of money and lifestyle. Short of a major health issue for me or my loved ones, there is nothing that I would deem more important than sorting this situation, if I were in your position. Your house is worth a lot less with a big multi-story apartment block next door all of whom effectively own and yes, likely use your driveway. We are talking tens of thousands of dollars, maybe $100k+. Tick, tock, tick, tock, tick, tock .... can you hear that? It's time eating away at your nestegg / retirement / future lifestyle. Now there might well be nothing that can be done to stop your asset devaluing by that amount, but the only person that can tell you is a LAWYER THAT YOU ENGAGE AND PAY TO LOOK INTO AND ADVISE ACCORDINGLY. I don't know why I'm commenting given I spent the best part of a whole page of the thread telling you the same thing, but frankly, it does my head in that someone would be so silly. Edited by desi1969 at 5:41 pm, Thu 3 Dec desi1969 - 2020-12-03 17:39:00 |
| 161 | desi1969 wrote:
christin wrote:
sparkychap wrote:
Sorry, correction, I see he did tell you. desi1969 - 2020-12-03 18:11:00 |
| 162 | sparkychap wrote: orphic1 - 2020-12-03 18:17:00 |
| 163 | I know the driveway is shared between us and him. It is not only on his property. We have been told that already. We both have access. And yes the developer did tell us this. So did the council. And so has a lawyer. The fence is inside his boundary. Nor did I say he won’t necessarily use it to service apartments. He has said he will have it on his property. Whether this is true or not we will find out when we have further details which have been requested. Lawyers have already been and are already involved. christin - 2020-12-03 18:18:00 |
| 164 | The member deleted this message. desi1969 - 2020-12-03 18:20:00 |
| 165 | lovelurking wrote: \ Edited by orphic1 at 6:54 pm, Thu 3 Dec orphic1 - 2020-12-03 18:53:00 |
| 166 | christin wrote: Phew, nice of you to confirm this all. From the measurements, it does look like all of the driveway is inside his boundary (your parcel only has a 1.5m wide driveway which is the one you describe as your friendly neighbours one on the left hand side). So you need to have an easement over the other (not your) driveway, which your original lawyer should have explained to you. Edited by sparkychap at 10:29 pm, Thu 3 Dec sparkychap - 2020-12-03 22:28:00 |
| 167 | The member deleted this message. mcgolly - 2020-12-03 22:30:00 |
| 168 | sparkychap wrote:
The driveway wet are using is just over 3m wide. So not entirely his. That is not including the friendly neighbours driveway. That is another 3mish Our 3m is split on our plans and when I asked about Easements behind us previously someone thought it was shared between neighbour behind and I. Obviously not tho. I will check regarding the other driveway but thought we had an easement over that as marked on the plane as c and labelled row from memory The original lawyer should have explained that but never did nor did the neighbour behinds original lawyer. As mentioned when I asked if theees was anything to worry about she said no nothing unusual and all standard christin - 2020-12-04 06:10:00 |
| 169 | desi1969 wrote:
This. I to have spent time with suggestions. But 'zoooooom' I too believe that there are important things in life and quiet enjoyment of one's section/home is one of them. OP I am suggesting it would be preferable/essential, if you have no time for in depth research NOW, to ask your solicitor to do an in depth title and cadastral plan search and provide you with a written report. Ask for a quote. Then employ them to do this. 'Time is of the essence' as they say. Solicitors who spend their working life doing conveyancing usually have a good knowledge of conveyancing, land title system, cadastral survey, subdivision. Solicitors have online access to these sorts of records and can search all the memorials on title going back to when the original pattern of subdivision was laid out, it would be very quick. You need to see a searched copy of these memorials. The full text will set out who and what, time limitations etc etc has these RoW easement/s. The easement may set out how ongoing costs are to be met. You can bet that once a suburban drive has tracked or heavy vehicles using it the seal will not last long. You need to find out how they intend to meet these costs other-wise the developer will be long gone and you will have the new owners of the houses on that area coming to you to ask for your contribution to the upgrading of the drive. They won't know or care about the background or that you 'discussed' things with the developer. My other suggestion is to stop talking to the developer until you have these written report. The developer has not been upfront before. Get the report, then, if you must, talk to the developer. Developers, in general,have little interest in neighbourly relations as evidenced by the high-handed using of the driveway initially. Good neighbours would have come to you and explained that they would be using the driveway before they started. shanreagh - 2020-12-04 08:57:00 |
| 170 | christin wrote:
But the driveway that you use is in his property now.........methinks the developer is being a bit tricky dicky. Does the advice you have got from whoever re the ownership of the driveway you use, state when this RoW/easement came into being. I suggest you also locate the correspondence from the solicitor at the time you purchased. Also try to re-create the time-line when the Solicitor would have been giving you advice and write it down. Advice that 'nothing to worry about' or 'just the usual' about a RoW, any RoW or easement, is poor advice and I would look at asking Law Society to look at this from the point of view of 'quiet enjoyment'. if you followed this poor advice and there is a poor outcome it will affect you badly. shanreagh - 2020-12-04 09:10:00 |
| 171 | I just love a good driveway story, it brings out the bush lawyer in all of us. Edited by hammer23 at 12:10 am, Sun 6 Dec hammer23 - 2020-12-06 00:08:00 |
| 172 | hammer23 wrote: The problem is that it's not entirely the OPs driveway. The boundary line comes up the middle and half belongs to the OP and half to the developer with (presumably) reciprocal rights of way. The details of that should be written into the easement documents, in conjunction with the implied rights in the LTA: 6Rights of way (2)The right to go over and along the easement facility includes the right to go over and along the easement facility with or without any kind of— (a)vehicle, machinery, or implement; or (b)domestic animal or (if the servient land is rural land) farm animal. (3)A right of way includes— (a)the right to establish a driveway, to repair and maintain an existing driveway, and (if necessary for any of those purposes) to alter the state of the land over which the easement is granted; and (b)the right to have the easement facility kept clear at all times of obstructions (whether caused by parked vehicles, deposit of materials, or unreasonable impediment) to the use and enjoyment of the driveway. sparkychap - 2020-12-06 10:59:00 |
| 173 | So the developer has the right to use the ROW, including for machinery, but the OP has the right for the ROW to be kept free and not obstructed. Therein lies the balance the OP and developer need to strike agreement on. sparkychap - 2020-12-06 11:00:00 |
| 174 | Sparkychap, would the developer have any automatic right to assign usage of ROW to multiple dwellings in the new development - or would developer need to re-negoiate shares/costs/maintanance with other existing ROW owner ? ie, if its currently 2 owners 50/50, and 5 dwelling are built, would it automatically become 50% for 1 owner and the the other 50% divided between 5 which seems unfair if the 50% owner uses 2 cars and the 5 owners use 10 cars jethrocat - 2020-12-06 16:44:00 |
| 175 | @jethrocat - I don't know TBH, I actually can't see how they would develop 3 x 3 storey units in the back garden of the existing house - I suspect it the existing house will go and access will be from the front, so not the OPs concern. sparkychap - 2020-12-06 19:56:00 |
| 176 | but we have another problem being overrun with RATS mouse265 - 2020-12-06 22:08:00 |
| 177 | mouse265 wrote: RATS the size of puppies.... sparkychap - 2020-12-07 08:09:00 |
