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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 14194
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Further to earlier communication with you regarding

Customer Question

Hi Chris, Further to earlier communication with you regarding restrictive covenants and a neighbours glasshouse etc. I have paid a lawyer quite a sum to date to deal with the neighbours breaches of the covenants. The neighbours lawyer responded in a letter
which my lawyer replied to about 5 weeks ago. There has not been any response to date as my lawyer is sure that they have no legal argument. What now as I don't want to spend much more money. My lawyer thinks they are just going to wait it out and assume that
it will be too costly for me to pursue the matter further. I have looked at the role of the Disputes Tribunal but I'm unsure whether they would deal with Property Covenants. Do you know what the situation is with the Disputes Tribunal. My claim would be along
the lines of 'the effects on my enjoyment of life' and the 'negative effect on the value of my property'. I would appreciate your comments. Regards. Pat Caradus
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

Unfortunately the Tribunal does not have any power over this sort of problem. Have you thought about a mediation? This could resolve the problems but would require the neighbour to cooperate.

Customer: replied 1 year ago.
Thanks, Chris. Is mediation a formal process? My lawyer is 100% sure that, legally, the Covenants have been broken. Unfortunately the Developer and my neighbour have the same lawyer. The lawyer drew up the Covenants and omitted to discuss them with his client, my neighbour. The neighbour admitted that he hadn't read the Covenants. So, they are all ducking for cover. My lawyer says that it would probably cost me well in excess of $20k to go to court. I have already spent over $6k and I don't want to spend much more. Regards. Pat
Expert:  Chris The Lawyer replied 1 year ago.

If the parties agree to go to mediation, then it does become a binding process. It is formal in the sense that the mediator will call the meeting and then facilitate discussion, and try to help the parties reach an agreement but if they do not agree, you would have to go to court. The mediation would cost a fraction of the court however

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