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Parking Disputes and Entry to Your Land

Parking disputes may involve:

• residents' car parks
• shared driveways
• laneways
• abandoned vehicles
• parking in permit areas
• trucks in residential areas
• parking over driveways or in front of someone else's house.

Or they may arise over entry to land for the use and maintenance of:

• driveways across common property
• shared driveways on boundary lines
• carriageways
• privately owned roads
• parking on common property
• buildings on easements.

Often there may be a combination of issues, including fences, bodies corporate or behaviour of people.

The following information is not legal advice and has been included to help you start thinking about the issues involved.

Dealing with disputes over parking or entry to land

This type of dispute often arises when:

• a vehicle is parked in a way that inconveniences others
• one person believes they should be able to park in a particular place, but cannot
• one person has difficulty gaining entry to their own land
• someone experiences a problem exercising their rights as a land owner.

Many disputes can be resolved through communication and negotiation, which can help to reduce costs, delays and legal action. The Dispute Settlement Centre provides a free service and can offer advice and tips for dealing with matters yourself. The Centre also provides neutral, objective mediators to help you resolve disputes of any size or complexity.

The 'disputeinfo' website has step-by-step advice about common dispute situations and practical solutions.

Who else can help?

The police may be able to help if parking laws have been infringed. Ask your local police if they have the authority to intervene in a particular situation.

Your local council may also be able to assist. Ask the Traffic and Local Laws department if they can intervene in a particular situation.

The council may become involved if:

• they are a 'stakeholder' in the dispute
• the matter involves enforcement of local laws (such as breaches of parking regulations)
• the matter involves construction on private property and a permit is required.

You can find out more about your rights and obligations as a property owner from:

• your certificate of title and supplementary documents, such as covenants
• private contractual agreements between yourself and other neighbours
• rules made under the constitution of your body corporate
• rights not documented anywhere, but which can be implied by applying the common law.

If you are considering taking legal action we recommend you seek independent legal advice. Contact any of the following:

• Victoria Legal Aid
• Community Legal Centre
• the Law Institute of Victoria.