You may have noticed that some properties and your property have shared driveways. Yes, it does save space in the neighbourhood and fosters communication and consideration of strata living. However, you might also be curious if there are existing shared driveway rules in Australia.
A shared driveway is a type of easement in a property found in strata properties. Is it your first time hearing about an easement? An easement allows someone to use or access land. However, they won’t have legal ownership over it since the ownership stays with the landowner.
So, if you own a property with a driveway attached to your land, then it is for you to use. Other neighbours can use it, but they don’t legally own it. Despite this, disputes are bound to happen with shared driveways, among other things.
Let’s read more to understand shared driveway rules in Australia to prevent this.
What Does a Shared Driveway Look Like?
Disclaimer: Properties or neighbourhoods with shared driveways do not necessarily look like the diagram below. This is just a basic example. Shared driveways will involve three or more landowners who may share a driveway and could include more turns and slopes.
A shared driveway would look something like this:
Our diagram above shows two houses with a shared driveway. Person B owns the property and land of a shared driveway and is known as the servient tenement.
Person A owns some property that can only be accessed by using Person B’s (dominant tenement) driveway. They do not have a share of ownership in Person B’s driveway, but can use it to access and leave their property.
Types of Easements
There are three types of easements that we should look out for if we want to know more about shared driveway rules in Australia. Let’s examine each one of them.
- Carriageway easement – This is also called a shared driveway. Its main purpose is to prevent land from being landlocked through road access.
- Easement of Way – This works similarly to a carriageway easement since it permits individuals to utilise a strip of land on a property. This includes guests or trades, and services people.
- Easement of Support – Excavations usually happen herein this easement for the purposes of drainage services or gas lines.
- Services Easement – This is similar to an easement of support but without the need for excavation. Think of electricity and telephone lines. It also grants access to the property for the repair and maintenance of these services.
- Light and Air Easement – Did you know that this easement prevents construction of anything that can block light, air, or view from your home? With this easement, you can enjoy looking out of your home for a much-needed breather.
- Artificial Waterways and Sewerage – This category of easement specifically addresses the rights and limitations concerning waterways, sewerage systems, and canals.
- Access Road Easement – Finally, this type of easement provides access to properties that are otherwise internal or lack direct road frontage.
Now that we know the different types of easements and where a shared driveway is categorised, let’s learn about shared driveway rules in Australia.
Who Maintains The Driveway Involving The Right Of Carriageway?
Now, a common question that comes up concerning shared driveway rules in Australia is who is responsible for maintaining common property, such as a driveway, if multiple occupants share it.
The nature of easements is quite complex, and there is no fixed answer for this question, as each case can be different. The obligations to maintain and pay for the repair costs of the shared driveway are generally set out in the grant of easement document.
The answer to the question above largely depends on the way the easement was created. In some scenarios, the lot owner will be responsible for maintaining the driveway. This will be specified in the terms of the easement. On the other hand, this obligation could also fall entirely on the dominant tenement. In fact, it is normal practice for the dominant tenement to maintain the driveway.
It is also common for the two parties to enter into agreements about their obligations to maintain the driveway. Both parties can make financial contributions for the maintenance of the driveway. Whether landowners made equal contributions depends on the kind of arrangements they have.
Shared Driveway Rules Australia: The Conveyancing Act 1919
It’s people who are not aware of basic shared driveway rules in Australia that may get on the nerves on a lot of landowners. So, we’re here to tell you all the basics and the legalities of it. The Conveyancing Act of 1919 contains specific laws that can help us understand the rules for shared driveways.
According to Schedule 8B (2), people who have an easement for vehicular access have unrestricted rights to:
- Drive or walk across the designated roadways, ramps, and land, with or without vehicles, machinery, and other equipment.
- Inspect these roadways, ramps, and the land.
Verbal Agreements Can Actually Help!
Almost all minor inconveniences can be settled through verbal agreements. If, for example, two property owners understand shared driveway rules in Australia, they can just talk it out. Who owns the driveway? When will you use it? Who will maintain it? Many more of these questions can be settled through verbal agreements.
Here are some instances where disputes or problems may arise regarding a shared driveway or a strata community:
- Neighbours or residents who use the wrong parking spaces (or those pesky drivers who don’t know how to park properly)
- Visitors who overstay in designated guest areas or designated parking areas
- Vehicles that block or restrict access to shared driveways or garages
- Maintenance costs of the driveway
- Drivers who don’t watch their speed limits when using a shared driveway
- Safety issues for pedestrians and neighbours because of strata schemes
Shared Driveway Rules Australia FAQs
| Q: Can I park my car on the driveway if it is my property? A: The answer to this depends. Although the driveway may belong to you, you may not be allowed to park your car on the driveway if it is blocking your neighbours’ access to and out of their property. At best, you could just turn on your hazard lights in case of an emergency in a shared driveway. It’s best if you give your neighbour a heads up that you will be parking your car on the driveway until you sort things out. Ultimately, ensure that you use your designated parking spot. |
| Q: Can the dominant tenement use the driveway for other reasons? A: Typically, the terms of the easement will specify that if you are not the landowner, you can only park in your area or use the driveway to leave and access your property. This means that if your children are playing on the driveway, or you are on the driveway for other reasons, you may be trespassing. This is because the driveway is considered private property for reasons outside of the easement terms. |
| Q: Are there other commonly shared spaces in strata? A: Yes! This may include amenities like swimming pools, BBQ areas, playgrounds, gyms, tennis courts, and visitor parking. |
| Q: Does an easement increase or decrease the value of my property? A: In some circumstances, an easement may decrease a property’s value due to its restrictions on the owner. This is evident by a landowner who may not be permitted to park their car on their driveway under shared driveway rules in Australia as not to restrict neighbours accessing their land. If you are a party benefiting from the easement, this may increase your property value as it is an added benefit. |
| Q: Where can I find my strata by laws? A: All residents should have a copy of the by-laws when they move into a strata complex, strata scheme, or strata buildings. If you don’t have one, ask your strata committee secretary or strata manager, or purchase it from an approved broker. |
Importance of Seeking Legal Advice
We hope you now have a better understanding of shared driveway laws. Maintaining clear access to a shared driveway is difficult if you are not aware of your property rights. So, it’s important to seek help from an experienced conveyancing lawyer.
Here at JB Solicitors, we know the ins and outs of property law. We have been resolving disputes about property law and helping opposing parties come to an agreement. Additionally, we can also help you with any legalities when you buy a property in Australia.
Contact JB Solicitors today to speak with one of our friendly and experienced family lawyers.
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