11 Comments Commercial law, litigation, contracts, IP, property law
I don't think you have, they own the land. It is always a good idea when negotiating such matters to pay a fee, no matter how nominal, and get the agreement in writing. The laws on contract then come into play. Not much use to you now, however you could see if a sum of money for a days hire of the driveway makes a difference. Have a simple contract ready so that if they agree you can get them to sign it as you had over the money.
The other neighbours were present so it's not just us who witnessed it. I still think it's wrong.
I may have to seek compensation via other methods, causing them some other trouble whilst staying within the law. That of course couldn't be looked at as any worse than what they have done.
scottb721 2009-06-04 21:23:44
I don't think so. However if the other neighbour agreed it will come down to the ownership of the driveway. is the dividing line up the middle, or do they own it jointly? Perhaps the other neighbour's permission is sufficient. Try approaching the chap again with some cash and an offer to put right any damage.
I've learnt today of the "Access to Neighbouring Land Act" which is a cheap and speedy mechanism to obtain temporary access to neighbouring land when carrying out works on an adjacent or adjoining property.
Meant to be used for cases just like this.
A landowner may apply to the Local Court under the ANL Act for an order granting access to adjoining or adjacent land (including airspace) for work which includes
"carrying out of construction, repair, maintenance, improvement, decoration, alteration, adjustment, renewal or demolition of buildings and other structures."
The Court will consider:
(a) whether the work cannot be carried out or would be substantially more difficult or expensive to carry out without the access order; and
(b) whether the access would cause unreasonable hardship to a person affected by the order.
Looks like we'll be taking this course of action.
scottb721 2009-06-05 21:25:13
Well, we went to court and came away satisfied with the result.
It was a case of compromise on both sides. I get to use their drive to get my pool done and concrete etc will come through my front gate. The Judge was satifised I met the intention of the Act so he suggested we mediate a resolution so neither party left feeling completely wronged. The other parties were satisfied with the result so all in all a good end to a stressful time.