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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 14929
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Cross lease owner occupiers apply to revoke lease with intention

Customer Question

Cross lease owner occupiers apply to revoke lease with intention to extend dwellings on a row. They both have street boundaries.
Owner of the row is land locked. One of the proposed extentions on the boundary will reduce owner of row drive to insufficient width for service vehicle access.
An earlier 1991 agreement document was made at the time cross lease baches built with the owner of the then empty row section,allowing a generous backing easement.
All properties sold on. Resident built on row section. Tarseal row had been put in with the 1991 cross lease dwellings .Owner joined concrete driveway 2005 to new build on elevated level. Concrete retaining wall put in along in situ tarseal row with then bach owners consent. Council have signed building consents.
We have not signed the agreement to revoke the lease just presented to us.
We have surveyer to look into it.
Mean while we have also have a weathertight home under repair.
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

You cannot be forced to sign this unless your position is unreasonable. If you stand to lose use of the driveway without an adequate right of way easement, then you are quite correct to oppose this. I am sure something appropriate can be negotiated which will work, but you can, with your surveyors report, make a counter offer