Rules about shared areas on property
Printed From: OHbaby!
Category: General Chat
Forum Name: General Chat
Forum Description: For mums, dads, parents-to-be, grandparents, friends -- you name it! And you name the topic you want to chat about!
URL: https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=41997
Printed Date: 26 August 2025 at 2:13am
Software Version: Web Wiz Forums 11.10 - http://www.webwizforums.com
Topic: Rules about shared areas on property
Posted By: luvmylittlies
Subject: Rules about shared areas on property
Date Posted: 07 May 2012 at 11:56am
|
We own one of 2 flats on the same property and the neighbors are parking their cars on the common ground that is meant to be the turning circle/guest parking. This area is clearly marked on the flats plan. Before I go and talk to them about it I just wanted to be fully informed as to what our rights are. But a quick internet search came up with nothing. Anyone know where I can look to find what the rules are regarding shared areas?
Cheers ------------- Adoring Mum to Talisin 8/9/11 and Kiara 18/01/10 |
Replies:
Posted By: myfullhouse
Date Posted: 07 May 2012 at 12:31pm
|
give Citizens Advice a call, they should be able to point you in the right direction ------------- Lindsey 
|
Posted By: luvmylittlies
Date Posted: 07 May 2012 at 3:03pm
|
Thanks ------------- Adoring Mum to Talisin 8/9/11 and Kiara 18/01/10 |
Posted By: redtulip
Date Posted: 07 May 2012 at 5:46pm
|
Hi,
Just drives you insane doesn't it?! We are in a similar situation... we have a shared driveway. The people renting nextdoor park in the driveway if there is no space on their property. This blocks access to our home.... just too lazy to park on the road and walk up! Not too certain what the rules are either other than that the drive is a common area that both houses are responsible for as far as upkeep. Are the people living in the flat next to you the owners or are they renting? My DH is going to phone the owner/landlord and have him sort them out, he's tired of trying... maybe you can do the same if they're tenants? Your local council might also be able to offer some advice? -------------  5 wee Angels - Always in our hearts - Aug '11, Feb '12, Aug '12, Feb '13, Aug '13
|
Posted By: catisla
Date Posted: 07 May 2012 at 7:11pm
|
Look up the Unit Titles Act - that should cover the legisation relevant to your case -a lot will depend on the Unit Title agreement you have for the shared property (i think - disclaimer - i certainly am not a lawyer!!) ------------- |
Posted By: Troods
Date Posted: 07 May 2012 at 10:09pm
|
Assuming this is a crosslease property, did you get a copy of the crosslease document when you bought the property? Or can you get a copy from your lawyer to see what it specifies about the common property? Unless otherwise stipulated, under the lease document where common property is a shared driveway it is generally only for the purposes of each flat owner and their respective guests/invitees using the area for vehicle access to and vehicle egress from their own property, or for turning around where required. It usually cannot be used parking of any vehicles where it obstructs or causes nuisance or blocks access for the other flat owners, unless in certain circumstances where the lease may provide. If they are definitely not supposed to be parking in the common property, then go and try to talk to them because they may not realise. If they do know, and are just being lazy and ignoring the rule, then it's up to you if you want to take it further and pay to get your lawyer involved by writing them a letter for you. Or if they are tenants, then I would suggest finding out who the landlord/rental agent is and get them to deal with it. ------------- 
Missed MC July 2011
|
Posted By: minik8e
Date Posted: 13 May 2012 at 9:36pm
A Unit Title is a completely different thing to a cross lease. You need a copy of the cross lease document  Your lawyer should have one from when you bought the house, if it is recently, or they can search it for you to get a copy.
|
catisla wrote: