#13228

If the bollard is completely within you car space and the car space is part of your lot, the question must be asked, ‘what is anyone else doing walking across your car space?’

This should be considered no different to someone walking through your lounge room and hurting themselves. Unless there is a right of footway (easement) registered over your lot, then this is trespass. Even still, it is important to make sure you have adequate public liability insurance, covering your parking space also.

If you have an exclusive use by-law passed and registered to permit the installation, and this was correctly passed at a general meeting, then you would be somwhat protected from being required to remove the bollard.

However it is still possible for an owner to make an application to OFT to seek mediation and then possibly an order for the removal of the bollard.