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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 23052
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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We live on a property where 8 units have use of a share

Customer Question

We live on a property where 8 units have use of a share driveway (shown as a right of way on the plans). Because the driveway provided a convenient access for people to get to the adjacent beach it became a pseudo public walkway. Since we moved into one of the units we have been letting people know that the driveway in on private property and they should make use of the public access ways to the beach. This action has riled some people who don't see the harm in them continuing to cross our land. More specifically on of the other owners thinks we should allow the driveway
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: On the Kapiti Coast north of Wellington. To finish my last sentence the owner wants to put it to a vote to allow continued public use
JA: Has anything been filed or reported?
Customer: No. We have loose plans for an owners meeting to discuss a number of issues including use and maintenance. I'd like to know if a majority can change the use of the property or whether it would require a unanimous decision
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not that I can think of
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

It would need a unanimous vote to permit access for the owners to permit general public access like this. If this is a cross lease there is unlikely to provision in the cross lease for a majority decision, but you should get a copy of the cross lease to confirm this. If this is a unit title then you would need a body corporate resolution, which could be a majority. So I suggest you confirm what sort of title you have and this will confimr the answer.

There is a third possibility, that this ia a right of way easement, appurtenant to the sections. This would also need a unanimous vote to permit public access.