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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22158
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I'm looking to buy a property with a vacant section next

Customer Question

hi pearl, i'm looking to buy a property with a vacant section next door and between the house i'm looking to purchase and the vacant section is a drive way used exclusively for access to the house behind ours .....
JA: OK. The Lawyer will need to help you with this.
Customer: shall I outline my query? it is pretty staright forward (I think) :-)
JA: Have you talked to a lawyer yet?
Customer: that is pending, I was just researching the issue myself
JA: Anything else you think the lawyer should know?
Customer: the essence of my query is does a private driveway for a single dwelling constitute a "legal right of way, pedestrian access way, or access site" as defined in the Auckland city council building regs? i'm trying to determine if a dwelling on the currently vacant lot can use the height to boundary rules against the fence line on their side of the drive way or against the fence line on (potentially) our side of the drive way. the answer is in the above question of definition :-)
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 4 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 4 months ago.
The correct way to see if this is a legal right of way is to look at the title. All right of way easements must be recorded on the title to the property and are shown in detail on a plan which is deposited with Landonline. This will show who can use the right of way and the exact measurements. So get a search of the title. You can do this through your lawyer or land agent, and there are companies who will do this for you as well

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