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I am just wanting to clarify re a boundary fence matter.
Good morning, I am just wanting to clarify re a boundary fence matter. Hopefully an easy answer. The boundary fence that runs between two shared driveways needs to be replace. I am just looking at the… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,680 satisfied customers
Is this site nz lawyers? No steps at all. How much does the
I just wanted to know the law regarding retaining walls. My neighbour is saying that the retaining wall needs doing as the existing one is not working and there is a our fence and a driveway on top of it. I was wondering whos responsiblity it was to fix?… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,680 satisfied customers
I have one half of a two unit rental property in Wellington
I have one half of a two unit rental property in Wellington which is down a driveway from the road. There is a concrete retaining wall on one side of the driveway which developing a considerable lean. The owner of the other unit so far has not been very keen on having it assessed and if needed replaced. How do I persuade him it needs doing? … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,680 satisfied customers
I have a crosslease section and therefore share a driveway
I have a crosslease section and therefore share a driveway with my back neighbor. I understand the driveway is therefore common area and must be kept unobstructed at all times so my neighbor has clear access. We have always had gates at the front of the driveway and have always had a dog, therefore we close the gates when the dog is out of her kennel and run. She didn't like opening and closing two sets of gates (she also has a gate between our two sections. I tried to speak wit her about a solution but she wouldn't answer her door. So I put a note in her mailbox asking if we could come to a solution. I came home yesterday to fin the front gates completely removed and a copy of our crosslease signed by previous owners of both homes in 2003. Lots of highlighted notes but effectively I'm assuming she classed the front gates as an obstruction to the common driveway. It hasn't been a problem for the last two years but it obviously is now. Can she do this? And what do you suggest for me to do at this point? The gates were on a very easy latch to open and close and my kids and I made sure we often did the gates for her in the weekends. During the day the gates were never closed as the dog would have been in her kennel and our family at work/school. So maybe a couple of hours each evening. I don't believe it was such a big deal as she would go and seek a legal document and remove my gates. Regards Pauline … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,680 satisfied customers
A cross lease problem. Two flats at the end of a driveway
A cross lease problem. Two flats at the end of a driveway access. The flats are now freehold but the driveway is still subject to a cross lease. Since purchase in March 2017 the occupier of one of the… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,680 satisfied customers
I have a question about my shared driveway JA: The Lawyer
We have a driveway accesing 3 flats. For years a part if that has been used as a common turn around area. New tenants however keep parking there. I wonder if I have a legal point in complaining … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,680 satisfied customers
I have a 1/2 share in a composite leasehold title. ( 1 flat
I have a 1/2 share in a composite leasehold title. ( 1 flat of 2). In Christchurch under repair. The drive is to be repaired, How are the costs divided?The garages separate the 2 units and the drive p… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,680 satisfied customers
Hi Chris hopefully you could shed some light on my problem. We
Hi Chris hopefully you could shed some light on my problem. We are at 4 Amos place Christchurch with a shared driveway on our left looking from the front. As we are on Amos place we don't use the driv… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,680 satisfied customers
I have a property on a cross lease title with restricted use
I have a property on a cross lease title with restricted use covenants.A tree on a restricted use area(not mine) is charged with being responsible for cracking in another unit on the property.I am bei… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,680 satisfied customers
We own a property where the access way is a seperate lot divided
We own a property where the access way is a seperate lot divided up between property owners. Originally there were 5 property owners and the access lot was divided into fifths. The property we have wa… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,680 satisfied customers
Hello, and thanks for your attention. TWO QUESTIONS, please: 1)
Hello, and thanks for your attention. TWO QUESTIONS, please: 1) I own the property at 2/10 Ariki Street, Grey Lynn, Auckland. At the back of the section there is n.1/10 Ariki Street. We share a drive,… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,680 satisfied customers
I live as a member of a low-key community -- 7 homes each with
I live as a member of a low-key community -- 7 homes each with a cross-leased title, plus equal share of a further 1-2 hectares of land. We have two driveways: a requirement insisted upon by the NZ La… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,680 satisfied customers
What is the situation where there is common driveway used by
What is the situation where there is common driveway used by 2 owners and the driveway needs repairs in the opinion of one owner but the other disagrees.… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,680 satisfied customers
We have lived for 19 years on a hillside property with a shared
We have lived for 19 years on a hillside property with a shared driveway .There are four other properties all on a level below us that share the same driveway. Over the years we have always paid our s… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,680 satisfied customers
Hi just bought a unit (1 of 2 in block) with shared driveway.
Hi just bought a unit (1 of 2 in block) with shared driveway. Neighbour and family continue to park in driveway, blocking my exit (can get but not out of my garage) Her adult sons very intimidating, h… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,680 satisfied customers
Hi, we live on a cross lease at the rear property. There is
Hi, we live on a cross lease at the rear property. There is a dwelling house in front. on one side there is a driveway about 25 meters long designated as common area. about 1 year ago our neighbours r… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,680 satisfied customers
We have a rural property that we purchased nearly 5 years ago
We have a rural property that we purchased nearly 5 years ago and to access it we have an easement through our neighbours property. This is a shared driveway. We drive up their drive to access our dri… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,680 satisfied customers
On our land title are the words appurtenant hereto is a right
On our land title are the words "appurtenant hereto is a right of way and a right to convey water/power and telecommunication rights" subject to Section 243 (a) Resource Management Act 1991. Does this… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,680 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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