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We have an issue an old garage that is currently on our

Customer Question
We have an issue...

We have an issue an old garage that is currently on our boundary and we wish to demolish as we are undertaking a renovation. The owner is no longer alive and he owes money to Council and the property is in disarray. Council has responded below:n regards ***** ***** neighbouring garage being located over the boundary and into your property, and your wish to demolish the garage, this is a civil matter. Despite being located in a special character overlay area, the demolition of the garage at*****would be a permitted activity under the Auckland Unitary Plan – Operative in Part and as such, no resource consent from Council would be required. However, as noted above, as it involves another person’s property, this is a civil matter and I recommend that you obtain independent legal advice.

Lawyer's Assistant: Has anything been filed or reported?

Nothing has been filed my ourselves as were waiting for an answer from Council. They are probably not willing to divulge any information re the neighbours circumstances and we wish to have this issue resolved so we can knock down the garage.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, nothing I can think of but he might have some questions. Thanks

Submitted: 9 months ago.Category: New Zealand Law
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Customer reply replied 9 months ago
I am in New Zealand and thought I was dealing with someone from there.
Answered in 2 hours by:
9/12/2017
Solicitor: serish khan, Lawyer replied 9 months ago
serish khan
serish khan, Lawyer
Category: New Zealand Law
Satisfied Customers: 76
Experience: Solicitor/Partner at Khan & Associates
Verified

Hi there, i see your query is for Chris, i am also a lawyer from New Zealand (Auckland) and happy to help unless you would like to specifically speak to him in which case i can opt out of the question?

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Customer reply replied 9 months ago
Hi there, happy for you to help.
Customer reply replied 9 months ago
If you can email me with an answer as I am about to leave work and won't be available on my mobile.
Solicitor: serish khan, Lawyer replied 9 months ago

i can only respond to you through the system unfortunately.

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Solicitor: serish khan, Lawyer replied 9 months ago

With regards ***** ***** question are you wanting to know how to proceed in terms of getting consent from the neighbor for demolition?

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Customer reply replied 9 months ago
As advised by Council it is classed as a civil action but as far as we know the owner has died as the house is now in disrepair so no consent is going to be provided by the neighbour.
Solicitor: serish khan, Lawyer replied 9 months ago

I believe you can still get consent as the owner of hte house would have an estate where an executor would be able to make decisions. The house will no doubt be left to a beneficiary who would be able to provide you with consent so it would seem worth a try to first try down that avenue to get consent.

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Customer reply replied 9 months ago
But how would I go about finding out about his estate when I have no information on relatives etc?
Solicitor: serish khan, Lawyer replied 9 months ago

Ah, that would be difficult. Has anyone come on premises to remove his things? if you don't know who the executors etc are it is difficult to get hold of anyone who has any power to make a decision.

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Solicitor: serish khan, Lawyer replied 9 months ago

Did you want advice regarding your civil action? if so i will opt out and let another professional provide you with answers in that area.

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serish khan
serish khan
serish khan, Lawyer
Category: New Zealand Law
Satisfied Customers: 76
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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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