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Im buying one of 3 rural two blocks. Access to these blocks…

Customer Question
Im buying one of...

Im buying one of 3 rural two blocks. Access to these blocks is over a 4th block and we have a general easement. The owner ofcthe 4th blok has had a brain injury and is abusuve. Two questions

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

She has recently placed a second gate on the easement 20;m from her house after wecut herregisteted padlock on thevfirst gate. First gate is now closed but after i cut lockvshe punched other neighbour in face

Lawyer's Assistant: Where is the house located?

Wen he was tryingbto unlok to get out. Shes plead notbguity. Iscshe allowed to put up a secondvgate? Esp wen she has novstock andvfences dont work

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

Second question. Obviously a registered padlok is illegal wen only she can cut a key andcdecide who gets one. But we want locks off as she harrasses people at gate. Chases them down drive sometimes. And if my neighbour hasvfriends or famiky turning up withour keyvthey cantvget in. And isnt any lock restricting access fir people lawfully allowed to go there such ad police, buikding inspector, debt bollectors etc. Also its highly inconvenient ad thevgate is 1.5 k from property im buying. What if a gravel truck artives or inspector. Do i have to provide everyone with a key? Thenvshe compkains and wat if they dont turn up? And im left waiting at the gate for hours with bad reception? At present we arr cuttingvall locks registered and normal locks. er

Submitted: 2 months ago.Category: New Zealand Law
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Answered in 5 minutes by:
12/26/2017
Solicitor: Chris The Lawyer, Lawyer replied 2 months ago
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,415
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

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Solicitor: Chris The Lawyer, Lawyer replied 2 months ago

The Property Law Act sets out the rights to use a right of way easement, and this includes the right to pass up and down the easement without hinderence. So placing gates on the easement cannot be permitted unless all parties to the easement expressly agree.

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Solicitor: Chris The Lawyer, Lawyer replied 2 months ago

Schedule 5 of the act in clause 2 says the parties have-

(c) the right to have that land at all times kept clear of obstructions, whether caused by parked vehicles, deposit of materials, or unreasonable impediment to the use and enjoyment of the driveway; and

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Customer reply replied 2 months ago
But in a previous answer you gave another..you said that in one case the judge ruled a gates not an obstruction as long as its not locked?
Solicitor: Chris The Lawyer, Lawyer replied 2 months ago

That is the case, but if the parties have agreed to a gate then it can be installed. Locking the gate and preventing use without a key would also need to be expressly agreed by the parties to the easement.

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Solicitor: Chris The Lawyer, Lawyer replied 2 months ago

In a rural situation gates are often used to prevent stock escaping as you will be aware

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Customer reply replied 2 months ago
The gate was put up by a previous owner. Ownership of all four blocks has now changed. So the primary gate first needed permission from all parties? But now we cud remove it or apply for a court order?She may get to keep the first gate due to her mental state. I have akready remived second gate snd bent hinges whuch i know is illegal
But it was an accidentvwaiting to hapoen as this women is dangerous. Plus cars have to back 350m down a dangerous road with a steepvdrop ifvthey cant get thru
Solicitor: Chris The Lawyer, Lawyer replied 2 months ago

The right to free passage up and down is the key factor, and if the gate is locked preventing use by other block owners, they can force removal.

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Solicitor: Chris The Lawyer, Lawyer replied 2 months ago

Thank you for using this service. When you are ready you can accept the answer by rating the answers which I have given.

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