Common driveway laws NSW, also often referred to as shared driveway laws, comes under the theme of property law and easements. Before we understand what common driveway laws in NSW are, let’s also look at what exactly are shared driveways or common driveways?
To understand common driveway laws in NSW, we’ll also explore what easements are, and what are the different types of easements.
Common Driveway Laws NSW – What Are Easements?
The topic of common driveway laws in NSW cannot be understood without first looking at the meaning and types of easements.
An easement is a type of right which enables someone who is not the owner of the land to use that portion of land for some purpose. Generally, the terms associated with understanding who the owner of the land is, and who gets to use the land for their own purpose are servient and dominant.
In other words, the dominant estate is the land which benefits from this right, or easement. On the other hand, the servient estate is the land which suffers the burden of the easement. For example, if the owner of portion of land A can use driveway which is on land B, land A will be the dominant estate and land B which suffers the burden will be the servient estate.
When discussing the owners of respective lands, the grantor of easement is the owner of land B, and the grantee of easement is the owner of land A.
Importantly, to check what easements are there on your property in NSW, you can get in touch with NSW Land and Registry Services . They have all relevant information on the types of easements and details of easements on your property.
Types Of Easements
This section will detail certain types of easements. Shared driveways or common driveways are also a type of easement. To know common driveway laws in NSW, it is essential to understand the broader types of easement they fall under.
While the list below is not an exhaustive list on types of easements, it is intended to give you a rough idea on the essential types. To learn more about all the various types and categories of easements, read this article published by JB Solicitors.
Some types include: –
1. Right of way:
This is a private easement also known as right of carriageway. Common driveways fall under the right of way easement. An owner of a landlocked property will be allowed to access their property by using a portion of land belonging to their neighbours.
In case of common driveway laws in NSW, if a person’s property is landlocked, they will not be able to access their house without first travelling over their neighbours property.
2. A cross-easement:
This allows two land owners to have rights to use each other’s lands for the same purpose. For instance, building a “wall” on part of both lands for the same purpose would be an example of cross-easement.
3. Easement for services:
Easement for services can include different services such as water, or sewage. Sewage pipes, for instance, or overhead electricity lines are examples of easements for services. Sometimes, multiple properties can be benefited such as in the case of overhead electricity lines. This type of easement is then known as a public easement.
What Are Common Driveway Laws In NSW?
As we saw above, common driveways or shared driveways are a type of right of way or carriageway. There are some important common driveways laws in NSW, or common driveway rules which need to be kept in mind. These include: –
- Because the shared driveway is necessary for the neighbour to access their own property, even though you are the owner of the driveway land, you should not park your vehicle on the driveway if doing so obstructs your neighbour’s access to their property.
- The driveway cannot be used by any other purpose by the grantee unless specified in the terms of easement. For example, if the driveway is being used by the children of the grantee to play some games, it might not be permitted depending on what the terms of easement state.
- Depending on the way the easement was created, the maintenance costs and repair costs for the driveway can be incurred either by the servient estate holder, i.e., the grantor of the easement, or the dominant estate holder i.e. the grantee. Notably, most people are willing to make agreements to share the costs of repairs for common driveways. These matters must be clearly specified in the terms of easement.
- In NSW, Schedule 8B of the Conveyancing Act (1919) states that matters related to sharing of costs for maintenance and repair must be clearly indicated in the instrument or agreement by which the right of easement was created. Both parties could also share the costs in equal proportions.
- Notably, common driveway does not mean the ownership of driveway will be shared. The driveway can be used by the neighbour for one purpose i.e. to access their own property.
- These easement rights cannot be removed unless all parties agree for the easement to be removed. However, in the case of shared driveway this may be unlikely because the neighbour will need it to access their property. But to remove an easement, you will need solicitors who can formally document this.
JB Solicitors’ Team Of Property Lawyers And Conveyancers
To know more about common driveway laws in NSW, you should speak with an experienced conveyancer. The above mentioned common driveway laws in NSW are the generic laws and rules which you need to be aware of. However, each case is different and certain property owners will have specific questions.
At JB Solicitors, we have expert conveyancers and property lawyers who can answer all your questions and provide professional guidance for all your property-related matters. They have a wealth of experience in dealing with various issues related to easements.
Our dedicated property law team is passionate about reaching desired outcomes, and working enthusiastically with all clients to resolve any matters. JBS also offers a fixed-fee pricing structure for all simple property law matters.
For more information, contact our friendly and experienced team of lawyers today.
