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ARTICLE · 24 MARCH 2017

What can a developer do if a neighbour does not allow access to the neighbouring property?

Broadley Rees Hogan Lawyers
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In Queensland, the 'statutory right of user' provisions in section 180 of the Property Law Act is the avenue for relief.

AustraliaReal Estate and Construction
Robert Lyons
Robert Lyons
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As South East Queensland and key regional areas continue to become more densely developed, the scope for disputes between developers and owners of properties adjoining developments is at an all-time high. One type of dispute which has the potential to significantly alter the nature or cost of a project, is where the developer requires access or use of an adjoining property in order to feasibly carry out the project but the adjoining owner is not cooperative.

The type of access required by developers in these scenarios can be either:

  1. permanent access, in the sense that the developer requires use of part of the adjoining property on a perpetual basis including after the development is complete, eg access via a driveway; or

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