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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22178
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I have a Mutual grant of a Right of way with my neighbour

Customer Question

I have a Mutual grant of a Right of way with my neighbour but it has never been registered,
Can the right of way be dissolved
Submitted: 5 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 5 months ago.
If the right-of-way has never been registered as an easement against the title to the property, then it has no legal effect except as a contract between you and your neighbour. It may be binding as a contract if you have an agreement which sets out how the right-of-way can be used, but if this right-of-way was to be cancelled it would have to be on the basis of a breach of the contract. If a right-of-way easement is registered against the title, there is a procedure for getting it cancelled where the easement is no longer required. But an unregistered easement would depend on the strength of the contract.

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