AustraliaCan I take action if a neighbor blocks my driveway in Australia?
Yes, you can take action if a neighbour blocks your driveway in Australia — it may constitute trespass or obstruction of an easement, and local councils or courts can intervene.
What the Law Says
Blocking a driveway in Australia is not merely a matter of courtesy—it can breach statutory and common law obligations, particularly where access is legally protected.
If your driveway is part of a registered easement or forms part of your property title, unauthorised obstruction may amount to trespass under state-based Property Law Acts. For example, the Property Law Act 1974 (Qld) s 209 confirms that interference with a legal right of access is actionable.
In most states, parking or placing objects across a driveway entrance also breaches road rules where the driveway connects to a public road. The Australian Road Rules (made under the National Transport Commission Act 2003) are adopted into state law—e.g., Rule 197 of the Road Rules 2014 (NSW) prohibits stopping a vehicle 'across a driveway' unless dropping off or picking up passengers.
Local government acts further empower councils to issue infringement notices. Under the Local Government Act 2002 (WA) s 3.56, councils may declare persistent obstruction a 'public nuisance' and issue compliance notices with penalties up to $5,000 for repeat offences.
Statutory TextA person must not stop a vehicle across a driveway giving access to premises from a road.
— Road Rules 2014 (NSW), r 197
What to Do
Politely speak to your neighbour first—document the date, time, and nature of the conversation.
Take dated photos or video showing the blockage and any signage (e.g., 'Private Driveway') or boundary markers.
Contact your local council’s environmental health or compliance unit—they can investigate as a potential public nuisance or road rule breach.
If the blockage persists and affects your legal right of access (e.g., via easement), seek a formal letter from a solicitor outlining your rights under relevant state property law.
As a last resort, apply to the state civil tribunal (e.g., NCAT in NSW or VCAT in Victoria) for an order requiring removal and/or compensation for losses incurred.
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Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-10-11.