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Related New Zealand Law Questions
Can we erect a gate across a ROW easement without consulting
Hello, Can we erect a gate across a ROW easement without consulting the servient/land owner? The ROW is to access only our property and does not impact the servient land owner as they have their own d… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,853 satisfied customers
Our neighbour is obstructing our easement facility to get to
Our neighbour is obstructing our easement facility to get to our property. He has installed 2 gates that we have to open. The 2nd gate we need to get out of our car to push a button which is dangerous… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,853 satisfied customers
In a subdivision with multiple owners can the right of way
In a subdivision with multiple owners can the right of way be owned by a seperate person than the servient and dominant tenements … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,853 satisfied customers
We have an easement on the neighbours drive to our gate,
We have an easement on the neighbours drive to our gate, further up is their drive. The fence here is just a few posts & 3 loose wires. Their cattle have broken into our property & caused lots of dama… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,853 satisfied customers
We have a water easement on our property. It shows on the
Hi - we have a water easement on our property. It shows on the title that our water comes from a spring pumped by solar pump which was paid for by half each ( previous Owner) and the neighbour. the le… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,853 satisfied customers
Im buying one of 3 rural two blocks. Access to these blocks
Im buying one of 3 rural two blocks. Access to these blocks is over a 4th block and we have a general easement. The owner ofcthe 4th blok has had a brain injury and is abusuve. Two questions … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,853 satisfied customers
I am having a contuing saga with the neighbour - we own
I am having a contuing saga with the neighbour - we own lifestyke block with an easement over it for our neighbour, we have requested a million times for him to pleadse close the gate (main gate) to enter our property and he refuses - we shut the gate for security reasons. He won't shut the gate because he has said that he doesn't need to close the gate because he has an eastment over the property so it is his gate and he can leave it open, there is no house on their property - … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,853 satisfied customers
3 questions please regarding easements. 1. Can an owner put
Hi Chris, 3 questions please regarding easements. 1. Can an owner put a permanent structure on the servient tenement of an easement? We think there are no special features to the easement (right of wa… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,853 satisfied customers
We are selling a section(house on it demolished after chch
We are selling a section(house on it demolished after chch earthquakes) that has had a history of use for at least 30 years on a private driveway that is collectively owned by adjacent neighbours. We … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,853 satisfied customers
I bought a property at the top of a drive. My neighbour
I bought a property at the top of a drive . My neighbour inists on using the driveway to feed his horses or cows . Last weekend he realised I wasn't home & took down tape & closed a gate at bottom of … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,853 satisfied customers
Can you explain to me the leagal position of an animal owner
can you explain to me the leagal position of an animal owner in this case a cow, that has broken out of a fenced paddock and wandered onto a rural road.and then been struck by a car. the beast is mine… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,853 satisfied customers
My husband and I are the dominant tenants on a right of way that goes across our neighbour
My husband and I are the dominant tenants on a right of way that goes across our neighbours land allowing us access to our property. There is a retaining wall on our neighbours land that supports his … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,853 satisfied customers
If I am the serviant tenement of an easement, can I grant
Hi If I am the serviant tenement of an easement, can I grant access to another parcel of land that is land locked from the easemenrt,… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,853 satisfied customers
Good morning. I have row over a neighbours property
Good morning. I have row over a neighbours property to access mine. Am I able as of right to fence the side of the row adjacent to the neighbour on the boundary - I am not asking them to contribute. T… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,853 satisfied customers
I have an easement for access to my property over my neighbours
I have an easement for access to my property over my neighbours property. We agreed to install a locked gate to keep stock in as well as security for our buildings and assets. Others have damaged our … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,853 satisfied customers
Can I have an openable gate on a piece of my land to which
Can I have an openable gate on a piece of my land to which my neighbour has a right-of-way easement? Property Law Act 2005 Schedule 5: http://www.legislation.govt.nz/act/public/2007/0091/latest/DLM969… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,853 satisfied customers
My neighbour has the right of way on my driveway, does this
My neighbour has the right of way on my driveway, does this give him; 1 the right to graze his cattle on either side of the driveway, 2 the right to use the side of my drive as a parking and dumping g… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,853 satisfied customers
We have the dominant tenement over a parcel of rural land,
We have the dominant tenement over a parcel of rural land, which gives us a right-of-way access to the public road. There is no other possible access to our property. We are now unable to use the ease… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,853 satisfied customers

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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