Common Driveway Even Though They Have Their Own?

forever saving on 05/12/2021 - 20:58

Hello OzBargain,

Not sure if you can help.

I was reading over a Section32 which showed the subdivision of a plot of land. The land is a standard rectangle in shape. There are two townhouses one at the front and one at the back. The front townhouse has its own driveway on the left side, but the second townhouse has the front part of the driveway as listed as common land. I cannot think of a scenario why it would need to be common land given the first townhouse's driveway and garage is completely separate from the second one.
Why isn't the second townhouse's driveway just their own title? What use does the first townhouse have for a driveway which only leads to the second home's garage?

If I am missing something obvious I would love to be made a fool of.

Tried googling this issue can't find anything relevant.

Paint illustration https://imgur.com/a/Poan2c0

Home & Garden

Comments

  • FLICKIT on 05/12/2021 - 21:01
    +10

    It may have something to do with the minimum block size…

    • AndyC1 on 05/12/2021 - 22:27
      +3

      In addition to the minimum size it could also be that as you cannot build a house next to a boundary fence the side of the front town house is common property so a boundary fence cannot be put up and therefore make the front townhouse non compliant.

  • jizmo on 05/12/2021 - 21:05
    +3

    If it ever gets subed again the to three or more blocks the rear can't have title to that part.
    forward thinking by the builder

  • jjjaar on 05/12/2021 - 21:08
    +3

    Is there any plumbing to both units under the common land?

    • forever saving on 05/12/2021 - 21:17

      The water property statement shows a map of the subdivision with an 'x' in the shared property. Is this what you mean?

  • Daabido on 05/12/2021 - 21:17
    +1

    It was probably done just to create a neighbourly dispute when they park their old clunker on common land.

    • forever saving on 05/12/2021 - 21:18

      Not gonna lie that was my first thought. I thought it'd be better to not subdivide any common land because now body corporate needs to be involved.

  • modsec802 on 05/12/2021 - 21:32
    +4

    Access to the backyard of the front townhouse?

  • Porker on 05/12/2021 - 22:04
    +3

    Driveways are used for more purposes that just vehicle access.

    There might be services under the common driveway, eg. Storm water drainage from the front unit or power etc.

    With power, there might be a pit on the footpath or street at the common driveway and then cables running to both properties. If the cables are underground, go see how many and where the power pits are on the footpath.

    Likely also power meters at the common driveway side

  • endotherm on 06/12/2021 - 00:52

    You would be able to argue that only TH1 has the need to access that driveway, as such it is included on their title wholly as their land as private property. They would be able to gate it and/or trespass somebody on it without permission. On the other hand the other driveway would be classed common land because there is a good reason for the owner of TH1 to be able to use it to access the side of his property, e.g. washing windows, planting border plants, using it for a ladder to get to the roof etc. TH2 wouldn't be able to stop them from being there, unlike the other driveway.

  • pegaxs on 06/12/2021 - 07:40

    Omg!! The first time we can use "right of way" in it's correct context.

    The easement exists so the land locked property can still access a road. As this easement crosses over someone else's land, the back property has "right of way" via this easement, but the easement still belongs to the front land holder, so they may also use it.

    The front land holder can have 100 driveways if they want, as that has nothing to do with the easement.

    • Mokr on 06/12/2021 - 11:49

      An easement is a designated area of land that gives councils, or other authorities, access rights through your property to maintain, install, replace or upgrade essential services infrastructure like drains, gas pipes or data cables. Easements are either registered on the land title or implied by underground utilities

      • pegaxs on 06/12/2021 - 13:59

        They also cover "right of way"…

        An easement provides one person with the right to use another person’s property for a specific purpose or use and does not confer any right of possession. Some common forms of easements include shared driveway, telephone lines, power lines or sewerage.

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