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Answered in 27 minutes by:
10/2/2012
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 32,271
Experience: 42 years qualified as a lawyer; LLB, MMgt and FAMINZ.
Verifiedchristhelawyer :
Hi Welcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer :
If you have the right to use the easement then you have the right to put in a gate on your fence to access the easement. It is usually a good idea to discuss this with the other users so they are aware of this.
Customer:
Thanks for your reply. Obviously it goes without saying that we would discuss this with our neighbours first, as we have what we believe to be a good relationship with them and want this to continue. Where would we find out if we have the right to use the easement?
christhelawyer :
You will need to get a copy of the title to your property and see if your property is subject to that easement. This will be recorded on the title. If you do not, then you will have to ask the neighbour for the right to use their right of way for this access. I assumed from your first question that you had an easement-it is a legal document registered on titles.
Customer:
Ok thanks -I will drag out our title and check this. This has been very helpful in pointing me in the right direction.
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 32,271
Experience: 42 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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