All Topics / General Property / Can i retain an interest in common areas of dual occ, if i sell??

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  • Profile photo of jazz77jazz77
    Member
    @jazz77
    Join Date: 2009
    Post Count: 78

    I currently own a dual occ on about 650sqm. Pretty standard layout, front unit, rear unit, driveway down the left side if the block etc..

    I have offered to purchase the neighbours house on the driveway side, he is not interested at this stage. I had intended to use my existing driveway for access to his land to increase the available building area on his block, ie: no wasted space having two driveways.

    I am looking at selling both my units, is there anyway to retain some sort of interest/access in the common driveway. Currently both my units share the common area 50-50, can this be divided into thirds? So then if i sell my units now, and in a few years purchase the neighbouring property I can use the driveway for access?

    Would this be an access easement? and can i have one if i dont own the units or the neighbouring block?

    Hope this makes sense to someone.

    Profile photo of Scott No MatesScott No Mates
    Participant
    @scott-no-mates
    Join Date: 2005
    Post Count: 3,856

    Interesting but no. A little bit tricky here but you would need to create a right of way over the existing land (driveway) but it would be benefitting the adjoining property and reducing the value of your burdened property. The risk is the neighbour sells to someone else and your place has to suffer the burden to maintain the right of way.

    You would be best off holding onto the property until you had secured the right to purchase next door.

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