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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22895
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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A house is being relocated to the section in front of us. we

Customer Question

a house is being relocated to the section in front of us. we signed council papers for height to boundary infringement and retaining wall height ,in speaking with neighbours concerned they assured us we would be able to see over the top hence maintaining our sea and country side views. we took this in good faith . an 1/8 of house has been moved on yesterday it is clear see this,we are going to be faced with a complete wall of house blocking our entire view them claiming the vary view we have. per chance the removal truck has broken down during the night. can we stop this now if only to re negotiate location on property and height. this is north east facing we stand to loose so much , please can you help
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.
To stop this you would need to make an urgent application for an injunction to stop the construction and house moving onto the site. You should consult a lawyer today as a matter of urgency and have a discussion about the cost of making such an application. If ultimately you did not succeed, you would be liable for any of the disruption costs and so you would need to go into this only if you thought you had a very good chance of success. When you apply for an injunction you have to give an undertaking as to damages, and do so if you don't succeed and the other party has damages resulting from the injunction you have to pay. Of course in this circumstance, where you stand to lose so much, you will need to make a call about whether you take this risk. You will need to instruct a very experienced litigation lawyer, as it is possible to get these injunctions heard urgently to freeze the position until something can be resolved. If for example the measurement shows that the height and boundary are greatly exceeded by what you signed with the council, you would have a good chance of getting an injunction to freeze the position.

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