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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
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Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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If the NZTA takes a PART of your property under the Public

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If the NZTA takes a PART of your property under the Public Works Act 1981 for a roading project do they have to provide access to the part you are left with.

Can they create a landlocked title.


christhelawyer : HiWelcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer : The way to answer this, is that if the removal of access means the property is greatly devalued, then this could increase the compensation, which could include the cost of getting access restored.
christhelawyer : The legislation doesn't say that access should be restored when the land is taken, and if the road is a highway/ motorway, this could be a difficult issue. However in my view you should be negotiating on the basis that your access should be restored, or the compensation will need to be much greater, and so it is in all parties interests to ensure access.
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