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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22891
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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On a shared half simple crosslease,driveway that's 17 metres

Customer Question

On a shared half simple crosslease,driveway that's 17 metres long from the footpath,
ive been told by the other lessee ( shared owner), from the front stand alone box house ,that an occasional quest of mine engresses to quick up the drive, I apoligise, and warn my guests to please refrain from going fast up the drive, my daughters boyfriends, and daughter are young and new to driving,and like driving fast, I made them apoligies, and he threatened he will construct a judder bar, and charge me. as
, I live alone up this very short driveway,and asked him if I drive fast, he said no, as I don't, I have a van Hiace,and and carry machinery in it, will the point is he has put a judder bar in, had it constructed by a commercial company, I heard the bobcat in the morning,hes made alteration by raising part of my driveway, hes got to ask me for consent(written doesn't he) to get my permission, whats my course of action, he has no kids, he upsets my visitors on arrival, you cant drive up their fast or out of first gear, hes already erected a 10km/h sign, is he mad?
Submitted: 2 years ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 2 years ago.

On a cross lease property he can only do work on the property, which includes the driveway with your specific consent. He cannot interfere with any vehicle going up and down the driveway who is a visitor to your property. The speed sign does not carry any special weight and he cannot enforce this. If you want to remove the judder bar, then you can do so, because he built this without your consent. If this is causing a problem with your use by your van, then you could force him to remove the judder bar but you would have to go to court to do this. But you would be in the right and would be able to get the judder bar removed and he would have to pay costs

Customer: replied 2 years ago.
Thank you Chris, that gives me better clarity on this issue
Expert:  Chris The Lawyer replied 2 years ago.

Glad to help

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