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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
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Experience:  34 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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If I will develop a piece of unformed paper road, who has to

Customer Question

If I will develop a piece of unformed paper road, who has to pay for it? Only me or any existing neighbors and users as well?
Can I find the act or laws governing this issue online, and where please?
Regards
Richard Lochner
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

christhelawyer : HiWelcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer : The Local Government Act and the Resource Management Act are the relevant statutes for this. You can find them online at http://www.legislation.govt.nz/
christhelawyer : The payment for the development depends on the title situation. If you own the land then you have to pay, but if the road is vested in the local council, you need to negotiate with them. If they have no current plans to develop this, you may have to pay. If other neighbours get to use the road then you can ask them to contribute, but it would be difficult to force them to pay.
Customer: The situation is like this. Access to my property is via a stretch of formed paper road going through the property of my neighbor C. At some stage by a little creek the formed road goes off the public paper road and runs over the property of neighbor C. To bring it onto the paper road could cost around 50 000 $ as council says it would need a bridge there. Right after are around 80 meter of unformed paper road. In this 80 meter of unformed road are 3 fences of neighbor C, which I believe are illegal, she should have gates there. Even worse, there is also a 10m round pond right in the middle of the paper road, obviously build to hinder the development of the road, most likely by the previous owners. I bought my property over 2 years ago and gave her 6 month to a year to sort out my driveway issue. I have offerd to go right or left around the pond if she gives me legal permission to go over her land for that small part. She stalls and refuses and on top of it lets her animals regular on my land to graze it, To build the 80m including filling up the pond would only cost me around 2000 $ since I have my own digger and Dozer. I am convinced that once I start she will forbid me to use that 20m going over her land as she has just done with neighbor M who has huge problems with her since many years also because of her animals. So is there any way I can force her to take part of the costs for that expensive part of road which she would use as well? Can you think of any other legal ways to bring her to common sense? All I want is access to my land, no harm to her. She lives 50m from that road in an unpermitted Dwelling and does not want to have any neighbors. Do you have any great ideas how to handle that without spending a fortune on legal fees? I promise I will give you excellent feedback if you can help me out there and don't mind upgrading that service to the more detailed version. Best regards. Richard
christhelawyer :

The first obstacle is dependent on the council consenting to the paper road being formed into an actual road. I assume you have had this discussion. But in reality the paper road is not the answer because of the need to avoid the pond. So like it or not your choices are to spend the money on the paper road, or get a deal with the neighbour, which from your discussion seems pretty difficult to achieve.

christhelawyer :

There are provisions for achieving access to landlocked land however. Is this paper road the only was to access your property? If this is the position then you can apply to court for access, which would involve the neighbour and the council and may help resolve this. However the cost with lawyers may be difficult and you would need to budget a reasonable amount especially with a party who is unreasonable.

Customer: Thank you for your reply. Hopefully last one now. I have been at council and to fill up the pond is only two hours work, so no problem. Full lot would cost me under $ 2 000. Yes, paper road is the only acces. Real problem is that once I would start putting in my driveway which is minor work, she would forbid me to go over the little strech before where the existing road goes off from the paper road and over her land. This would cost around 50 000 $ since council says it would need a bridge there. For shure she would use it as well since here little stretch is in very bad condition. Questions are. How can I make her contribute to the first bit of the road? I understand it is difficult, but are there any examples or conditions where it happened before? Am I allowed to drive over unformed paper road or only walk over it? Am I allowed to cut of small scrub if it hinders me from walking? Regards. Richard
christhelawyer : There is no specific method of making someone contribute to the formation of a road, unless the council does this. But they would only do this if he cooperated, unlikely from your description. There have been cases about paper roads, where people have asserted rights to use them. But the first step is getting the resource consent to form the road, and the associated works like clearing the scrub. So before you can really start seeing what you can force her to do, you need to get consent. I am confident if she as difficult as you say, that she will get involved with that. This may then enable you to see if you can get consent before spending money on the works.
christhelawyer : I don't know if that helps, but consent is vital to the exercise, and the rest while difficult depends on what the council permits.
christhelawyer : Once you are at that stage you can then consider whether a landlocked land application will be needed.
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 19379
Experience: 34 years qualified as a lawyer; LLB, MMgt and FAMINZ.
Chris The Lawyer and other New Zealand Law Specialists are ready to help you
Customer: replied 1 year ago.
Yes, i gave you an excellent rating and also a tip. Found more questions. If I develop that paper road and pay all costs myself, am I allowed to charge a maud or fee from other people who want to use it as well? I think I discovered something like that in walking access.govt.nz, or is it only the council that could charge a fee? And one more if you do also business law. Based on a Auckland standard law society lease, 2 nd Edition, and in the First schedule number 6, where it talks about service maintainance contract. - this is the only paragraph which is crossed out - there is a automatic roller door which needs to be cleaned regular plus the guides on the side need to be sprayed with silicon spray every 2 month or so. The tenant has not done so and after service of the door company it works again, so it is not worn out as under general wear and tear. Who pays for the service, landlord or tenant ? Regards. Richard
Expert:  Chris The Lawyer replied 1 year ago.
The fee would have to be from the council and you could not do so. However this assumes the council owns the road and if you own the road you could charge.

For the lease that is clearly tenants responsibility in my view

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