All Topics / Help Needed! / Accessing the neighbours driveway…

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  • Profile photo of rufruf
    Member
    @ruf
    Join Date: 2004
    Post Count: 14

    Hi – I own an investment property of 1000m2 on the NSW south coast with a brick veneer house at the front, a narrow driveway connecting the street to a garage at the rear and I want to subdivide the block and build an additional house at the back. One of my main problems is the driveway needed to access the house at the back will be too narrow and doesn’t conform to council rules. There is under a 3m gap between my house and the neighbours’ fence. I’ve been in to talk to council and they advised I would probably have problems getting it through.

    The property on the other side of the house is a nursing home, has an unusual battleaxe configuration – a 20m frontage with a driveway in the middle, leading from the street all the way around to a nursing home at the back of my place. I want to approach the nursing home and ask them about sharing their access and allowing me to connect services along their patch of driveway.

    My long winded question is; how should I approach them? – a long friendly worded letter pleading my intent? – get my solicitor to formally ask permission? – do a door knock? – get a detailed survey report with lots of arrows and lines showing them in detail what I propose? – all of the above?

    I’m really not sure how to approach this as I don’t want to alienate them by doing it wrong.

    Any advice would be great. Has anybody done this before; and what were the results?

    Profile photo of tassiecyclisttassiecyclist
    Member
    @tassiecyclist
    Join Date: 2006
    Post Count: 9

    I suspect they’ll probobly be wondering what’s in it for them. Can you offer a win-win situation?

    Profile photo of bridgebuffbridgebuff
    Participant
    @bridgebuff
    Join Date: 2006
    Post Count: 189

    That is a very good point tassie.

    Considering the boom in nursing homes, maybe you don’t even have to subdivide, maybe they would love to buy the land off you and all you have to do is move the boundaries.

    I would approach them informally. Firstly find out who owns the building and who owns the nursing home (maybe two different parties). Then set up a meeting and explain to them what you want to do.

    The problem if you put it into writing (either yourself or your solicitor) is that you are much less flexible. You can always do this later.

    Go and see a solicitor to enquire about the different possibilities. But I would probably not involve a solicitor for the contact until you want to set up a contract. Remember you want something from them, and lawyers normally alianate people.

    Profile photo of rufruf
    Member
    @ruf
    Join Date: 2004
    Post Count: 14

    I would certainly like to offer a win/win situation for all parties; I guess if they were willing to sell me/let me have access to the driveway, I’d offer them a fair price and extra landscaping along their border with the other houses on the street. And you’re right tassiecyclist, they’ll be wondering what’s in it for them – it has got to be at worst something that’s going to have next to no impact on their day to day business and curent lifestyle and at best something they gain and feel good about from the deal.

    Bridgbuff, thanks – I’ll try out your approach – an informal phone call to line up a chat with the proprietors or manager – I’ll have a chat about what I want to do and what I need from them to do it and how I think it will work out to the benefit of both of us (I’m still working on what the benefits to them will be and how to put it to them). I’ll have a chat to my solicitor and get ready with a letter of intent for when talks go well.

    Thanks for the feedback!

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