Shared Driveways

Contributed by Anahita Surya and current to April 2018

What is the law?

Most shared driveways are created by an easement. Easements allow limited access to someone else’s property, and only for the purposes specified in the easement document. Easements are usually recorded on the certificate of title, which is registered at the Land Titles Office. You can search the titles register to check whether you have an easement. More information on how to check the register can be found on the Access Canberra website.

What are my rights and responsibilities?

If your neighbour has an easement over a driveway in your property, they can only use it to pass through and conduct maintenance, unless the easement document states otherwise. They are not entitled to leave objects (rubbish, garden tools etc.) or construct anything on the driveway. Failing to abide by these conditions may constitute trespass.

What can I do?

Resolving the issue in a friendly manner is best for all parties involved. If you need mediation support, contact the ACT Conflict Resolution Service on 02 6162 4050 for confidential and affordable assistance. If unsuccessful, you can seek a trespass order from the ACT Civil and Administrative Tribunal (ACAT). Refer to the Trespass for more on how to seek an order.

To talk to someone about your dispute, contact the Legal Aid ACT Helpline (9am to 4pm on weekdays) on 1300 654 314.

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