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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
31,872 satisfied customers
We have a shared farm easement on our property. Is the
We have a shared farm easement on our property. Is the owners of the other easement allowed to use our owned part of the easement to gain access to allow for their subdivision? Like we own the front p… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,872 satisfied customers
Can the dominant owner of an easement allow his children to
Can the dominant owner of an easement allow his children to play on a driveway when other cars use it too? … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,872 satisfied customers
3 questions please regarding easements. 1. Can an owner put
Hi Chris, 3 questions please regarding easements. 1. Can an owner put a permanent structure on the servient tenement of an easement? We think there are no special features to the easement (right of wa… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,872 satisfied customers
We have a 1/9th share in a driveway - easement right of way.
Hi, we have a 1/9th share in a driveway - easement right of way. The majority of the neighbours wish to have regular repairs/maintenance done to the gravel driveway to keep it at the status quo but ar… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,872 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
31,872 satisfied customers
I am the servient tenement and 4 other properties have a right
I am the servient tenement and 4 other properties have a right of way over my land. Recently we did maintenance to the surface to the tune of $12,000 by a professional contractor. We have 1 dominant t… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,872 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
31,872 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
31,872 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
31,872 satisfied customers
Hi. We are looking at buying a block of land that is adjacent
Hi. We are looking at buying a block of land that is adjacent to and was recently subdivided off from a new forestry planting, and has in the title deed a covenant to protect the forestry owners. Most… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,872 satisfied customers
We are the dominant tenemant over a sewerage drainage easement.
We are the dominant tenemant over a sewerage drainage easement. The easement was planted with lime trees to act as absorption for the drainage. The "new" property owners of the serviente tenament have… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,872 satisfied customers
hi have looked at our title plan it looks like we are the owners
hi have looked at our title plan it looks like we are the owners of the driveway but there is confusion with the front house i have recieved info form qv.co.nz but am still confused how do we find out… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,872 satisfied customers
due to earthquake our shared driveway was damaged both parties
due to earthquake our shared driveway was damaged both parties are opting out We are the servient tenament and the front house is the dominent but on there title there is an appurtment for the right o… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,872 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
31,872 satisfied customers
the driveway is a double driveway therefore we are not blocking
the driveway is a double driveway therefore we are not blocking anyone from coming in or out. the land of the car park is half neighbours half ours but is a car space we are servient tenement, they ar… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,872 satisfied customers
We are owners of a property on which our neighbour has a right
We are owners of a property on which our neighbour has a right of way (we are servient and he is dominant) to access his house. There is a gate on the right of way which was there before we purchased … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,872 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
31,872 satisfied customers

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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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