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I own 3 flats down right of way. I am servient tenant. The
I own 3 flats down right of way. I am servient tenant. The driveway needs upgrading. once agreed on type of paving on driveway who pays the bill? Legally does the dominate Tennent have to pay for driv… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
32,028 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
32,028 satisfied customers
We own two adjacent properties (19 & 25 Market Road) in
We own two adjacent properties (19 &***** in Remuera. We are thinking about a Minor Dwelling at the rear of the 25 Section. The 25 section where we hope to build the MD is at the end of our 19 long driveway. The 19 long driveway was created as a ROW in 1967 shared with our neighbour at 19A. The title shows a 50:50 split with each having a ROW over the other half. Do we need permission from our neighbour at 19A to use the driveway to access the 25 rear section for construction? Do we need permission of our neighbour at 19A to access the 25 MD by our future tenants? … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
32,028 satisfied customers
In a subdivision with multiple owners can the right of way
In a subdivision with multiple owners can the right of way be owned by a seperate person than the servient and dominant tenements … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
32,028 satisfied customers
As a Servient Owner of a drive way/right of way, can my
Hi Pearl, As a Servient Owner of a long drive way/right of way, can my neighbour as a Dominant User allow a commercial earth moving company to use the right of way. He has invited the commercial compa… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
32,028 satisfied customers
I am a pensioner living in a rural zone. My neighbour has
I am a pensioner living in a rural zone. My neighbour has two rottweiler dogs which are very aggressive. The boundary "fence" between our houses is an ancient hollow macrocapra hedge several metres wi… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
32,028 satisfied customers
I have 2 questions relating to the same issue Background
I have 2 questions relating to the same issueBackground information approx 40 property owners have a right of way over a distance of 6km. It is a private right of way on property owned by the local co… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
32,028 satisfied customers
Cross lease owner occupiers apply to revoke lease with intention
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 … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
32,028 satisfied customers
If I am the serviant tenement of an easement, can I grant
Hi If I am the serviant tenement of an easement, can I grant access to another parcel of land that is land locked from the easemenrt,… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
32,028 satisfied customers
A right of way has 2 servient tenants and one dominant tenant.
A right of way has 2 servient tenants and one dominant tenant. Normal repair and maintenance rules apply. If the dominant tenant decides to put in a second driveway off the right of way to service a d… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
32,028 satisfied customers
Good morning. I have row over a neighbours property
Good morning. I have row over a neighbours property to access mine. Am I able as of right to fence the side of the row adjacent to the neighbour on the boundary - I am not asking them to contribute. T… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
32,028 satisfied customers
We live on a property that has 9 other houses that have a ROW
We live on a property that has 9 other houses that have a ROW over OUR driveway. All these properties are covered by Easements which allow ROW,Right to convey Power, Telephone, water. However, Chorus … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
32,028 satisfied customers
Our neighbour has sub-divided their section & are building
Our neighbour has sub-divided their section & are building a new dwelling on it. We have granted our neighbour a one metre wide strip as a right of way easement to access the back of their section whi… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
32,028 satisfied customers
we own a property that is accessed by a shared Right of Way,
we own a property that is accessed by a shared Right of Way, also used by 5 other households. There is an easement for our right to use the ROW, and a covenant on the title describing the share of mai… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
32,028 satisfied customers
I have a right of way site. The driveway has a curve and the
I have a right of way site. The driveway has a curve and the neighbour has a conifer planted originally right on the boundary on the curve that with age is now protruding into the driveway area to the… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
32,028 satisfied customers
We have an undeveloped r.o.w. across the front of our section
We have an undeveloped r.o.w. across the front of our section over whichour neighbour has an easement.Our neighbour does not need itt for access to their property as they have a 3.2meter sealed r.o.w.… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
32,028 satisfied customers
We have the dominant tenement over a parcel of rural land,
We have the dominant tenement over a parcel of rural land, which gives us a right-of-way access to the public road. There is no other possible access to our property. We are now unable to use the ease… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
32,028 satisfied customers
We have a rural property that we purchased nearly 5 years ago
We have a rural property that we purchased nearly 5 years ago and to access it we have an easement through our neighbours property. This is a shared driveway. We drive up their drive to access our dri… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
32,028 satisfied customers

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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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