If I drive through a part of my neighbour’s property to get to my own property, am I trespassing? – John, VIC
There are 2 units on my property. I own the front unit. The woman that owns the rear unit claims that part of the driveway in front of her unit belongs to her and that I cannot drive my car over a green line that she painted across the driveway. She has had the police attend and claims that I have caused an offence by crossing the line with my car. She has installed cc cameras and records each instance. The police have got me on charges relating to this. Can you advise me on my rights?
– John, VIC
The first step is to check the plan of sub division for ownership and common property. As per the plan of sub division, if the driveway belongs or is leased/licensed to the owner then by rights you are unable to trespass onto their property. If it is common property that is not leased or licensed then you are able to drive/walk along it.