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We are trying to sell our house and spark go and put up a…

Customer Question
We are trying to...

We are trying to sell our house and spark go and put up a cellphone tower now no one wants to buy the house we will have to drop our price by 50 k to try get someone interested can we get compensation for this. also the people living around us including us were not told about this first time we knew anything is when they started digging the front lawn up and then the contractors didn't know what they were doing this for it was hush hush as far as we were concern

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Cambrigde New Zealand

Lawyer's Assistant: Has any paperwork been filed?

It was filed with the council but no one in our area was given notice

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

No I just a little p..s off with how it was done the council said they did put letters out but had no response from anyone, thats because all the people the sent them to don't live here anymore

Submitted: 4 months ago.Category: New Zealand Law
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Answered in 19 minutes by:
12/2/2017
Solicitor: Chris The Lawyer, Lawyer replied 4 months ago
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,546
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Solicitor: Chris The Lawyer, Lawyer replied 4 months ago

How long ago was the cellphone tower built? Did the council claim you had been notified, and have they shown proof of notification to you? If this happened some years ago you may be too late, but if this was just constructed then you may have a claim against the council if they failed to notify you. Have you asked Spark for some compensation?

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Customer reply replied 4 months ago
This was constructed last week. There was no notification given to us or our neighbours. We placed our home on the market on 27/10/2017 and as our Real Estate Agent was putting up her sign she saw workers digging up the road side when asked what they were doing they just said they were installing a concrete pad. The Council were not helpful, I got more information from Waipa Networks than the Council. We had several people very keen to buy our Home is the first couple of weeks however they walked away after the tower went up.
Solicitor: Chris The Lawyer, Lawyer replied 4 months ago

I see this consent was given 4 years ago. So I assume you say there is no reason you would have known about this if you were not given notice of the application. You do need to check with the council if you were notified, and ask for proof. If you were not notified, it is not easy to sue for the breach of the Rescource Management Act and planning rules however. But you should claim against the council and say the loss in value is because they didnt notify you, and you lost a chance to object. They may just refuse to respond, and you would then need to require all the official information about this resource consent and how it was granted. That would then be taken to your lawyer to form a view about whether there is grounds to sue the council

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