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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22888
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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We have an agreement where we are required to contribute to

Customer Question

We have an agreement where we are required to contribute to the maintenance of approx 1.5 km of roaring beyond our rural/lifestyle block and over which we have no right of way and don't use. Is this common and is it legal?(The agreement that I refer to appears to have been prepared for ease of administration by the end user of the 3 consecutive portions of the ROW). Have you come across this before and is there any case law that addresses the problem?
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

Agreements like this are often found in rural subdivisions. This is legal under the Property Law Act and the Land Transfer Act. However if the benefit of this agreement is no use to you, you would need to apply to court to cancel or vary the terms of the easement which this is tied to. Of course, you can ask the neighbours if they will agree to cancellation, but if they dont agree then you can make the court application. There are cases about cancellation and variation, but they are fact ependent and the statute provides what you need by way of remedy.

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