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Shared driveway

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Dave1961 View Drop Down
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Newbie


Joined: 16/March/2019
Location: Australia
Posts: 2
  Quote Dave1961 Quote  Post ReplyReply Direct Link To This Post Topic: Shared driveway
    Posted: 16/March/2019 at 10:10
I have bought a property and was told I had a shared driveway, we also have a shared garage. The garage and houses were built in the 40s. My neighbour had property surveyed and said there is no shared driveway and breaking the law put up a fence. The law in WA is that a boundary fence has 21 days to agree and then go to magistrate. The neighbour was told when she started to put fence up and continued to finish . This leaves me without access to my garage. What are my rights now and what should I do?

Eddy View Drop Down
Senior Member
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Joined: 14/December/2012
Location: Australia
Posts: 184
  Quote Eddy Quote  Post ReplyReply Direct Link To This Post Posted: 16/March/2019 at 11:33
Could be 2 separate issues. First you need to either get a copy of the survey done or arrange for your own survey.

Luisa View Drop Down
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Joined: 08/June/2010
Location: Australia
Posts: 230
  Quote Luisa Quote  Post ReplyReply Direct Link To This Post Posted: 18/March/2019 at 11:08
Get the survey plan. Get the title. See what they say. Not enough info yet to advise. It could be an easement.

henri View Drop Down
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Joined: 07/September/2012
Location: Australia
Posts: 187
  Quote henri Quote  Post ReplyReply Direct Link To This Post Posted: 19/March/2019 at 07:22
You have just purchased the property -
What does the property title search that your solicitor / conveyancer would have done show ?

Dave1961 View Drop Down
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Joined: 16/March/2019
Location: Australia
Posts: 2
  Quote Dave1961 Quote  Post ReplyReply Direct Link To This Post Posted: 20/March/2019 at 00:33
I am a bit struck for cash, but next week will try to have fence removed. Neighbour wont show surveyor's plan will try to get from shire . There was only 3 surveyor marks, so one mark must be inside her fence. Try to get my own surveyor before go to register, The drive way to garage is even too small for her to use. All previous owners thought it was a shared driveway and has been for 72 years. The law says it is illegal to put up fence without both , and if not agreed it has to go to registrar.
Thanks
David

Luisa View Drop Down
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Joined: 08/June/2010
Location: Australia
Posts: 230
  Quote Luisa Quote  Post ReplyReply Direct Link To This Post Posted: 20/March/2019 at 12:10
Agree with Henri. You need to go and get a copy of the survey plan FIRST. Also the TITLE. See what is on them. Maybe there is an easement? Forget surveyors pegs for now, get the papers first. Your lawyer should have got a copy and given it to you, and forget council, go to the state land titles office.

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