I want to know if our shared driveway is private property under the law? – Robert, NSW
Q: I want to know if our shared driveway is private property under the law? We had a case in our strata property where a tradesman came in and did some work while being intoxicated. The lady he did the work for reported him to his employer, who fired him. The work was unsatisfactory, but now the tradesman is sending threatening texts and threats over the phone to her. She brought in the police three times, but we get conflicting opinions from them on the status of the access he has to the strata scheme. One lot said it’s a public thoroughfare and others said it’s private property and he would be trespassing. We think it’s private property – is that correct?
A: If a resident feels unsafe and threatened, it may be worth bringing it up with the authorities again, being sure to make them aware of the threatening text messages and calls.
As for the driveway, it would be best to check your strata plan to see the sub-division for ownership and common property. As per the plan of sub-division, if the driveway belongs to, or is leased/licensed to the owner, the public is not allowed to access the driveway. Anyone entering this area without permission would be trespassing on private property. However if it is common property that is not leased or licensed, then you are able to drive/walk along it.