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We have a legal ROW over our neighbour's property( in
Hi Chris,We have a legal ROW over our neighbour's property( in addition to our narrow private drive) that has not been established yet, however, we would like to explore establishing this.The first pa… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,863 satisfied customers
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
31,863 satisfied customers
We have 3m high concrete block wall that was a party wall
Hi there we have 3m high concrete block wall that was a party wall between two garages. We removed the garage on our side and installed structural supports to the wall on our side to comply with fire … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,863 satisfied customers
We own a property on a steep site which has a parking deck
We own a property on a steep site which has a parking deck at the top level. … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,863 satisfied customers
I appreciate reading your responses to other questions about
Hi Chris,I appreciate reading your responses to other questions about retaining walls, slips, subsidence, and I have an issue I'd like your advice with as well.I'm buying a section in Wellington that … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,863 satisfied customers
Many years ago the the neighbours dug out a right of way 2.6
many years ago the the neighbours dug out a right of way 2.6 mths, this has been retained with Pongas. This wall is now collapsing. As the owner of the right of way believes this is not his problem. W… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,863 satisfied customers
An owner previous to me (I have owned the property since
An owner previous to me (I have owned the property since 2002) built a retaining wall on the high side of my neighbour to create a driveway. This 3 metre high retaining wall encroaches by around 1 met… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,863 satisfied customers
We have a right of way over which our neighbour at the top
We have a right of way over which our neighbour at the top of us has an easement.We use another parallel shared right of way over which we have an easement to approach our property so we do not use ou… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,863 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
31,863 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
31,863 satisfied customers
Our property was built in 1984, the properties behind was developed
Our property was built in 1984, the properties behind was developed in 1988. There is a retaining wall and on top of the retaining wall is a fence, which is now leaning towards us by about 15-18dec. T… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,863 satisfied customers
We have a structure build as a fence on the boundary between
We have a structure build as a fence on the boundary between our property and 2 neighbours. It runs along their shared driveway below our property. It in effect retains the bank between that driveway … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,863 satisfied customers
Hi , I have a problem with a retaining wall which is on our
Hi , I have a problem with a retaining wall which is on our driveway boundary and the neighbour above us. Over the years they or past owners have built up the land and put boards on the fence to do so… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,863 satisfied customers
What is lateral support? There is a retaining wall on the
What is lateral support? There is a retaining wall on the boundary between our property and the neighbour's. The retaining wall supports neighbour's land and driveway which is on land that is a lot hi… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,863 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
31,863 satisfied customers
My neighbour has granted us a Right of Way/Easement onto our
My neighbour has granted us a Right of Way/Easement onto our property by way of driveway. They are responsible for the upkeep of the driveway. Neighbour has just got extremely upset that we have had a… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,863 satisfied customers
Greetings, Our situation is that one (Owners A) of four co
Greetings, Our situation is that one (Owners A) of four co owners of an access way had a water leak somewhere between their water meter at the top of the driveway and their house. The access way is 60… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,863 satisfied customers
I have a question regarding fencing. We live in Auckland up
I have a question regarding fencing. We live in Auckland up a right of way which runs through our neighbour's property. The boundary of the shared driveway from our property and through the neighbours… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,863 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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