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Can we erect a gate across a ROW easement without consulting
Hello, Can we erect a gate across a ROW easement without consulting the servient/land owner? The ROW is to access only our property and does not impact the servient land owner as they have their own d… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,547 satisfied customers
I live on a private rd, and the community has erected a gate
Hi, I live on a private rd, and the community has erected a gate which is supposed to be electronic opening and closing. This is not the issue but I have erected a camera to protect the gate and all o… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,547 satisfied customers
Our neighbour has blocked a right-of-way. There have been
Our neighbour has blocked a right-of-way. There have been many approaches to him - he does not respond and the access way remains blocked. (This is a right-of-way that is for the use of children walki… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,547 satisfied customers
We own a property on a steep site which has a parking deck
We own a property on a steep site which has a parking deck at the top level. … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,547 satisfied customers
As a Servient Owner of a drive way/right of way, can my
Hi Pearl, As a Servient Owner of a long drive way/right of way, can my neighbour as a Dominant User allow a commercial earth moving company to use the right of way. He has invited the commercial compa… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,547 satisfied customers
We have a water easement on our property. It shows on the
Hi - we have a water easement on our property. It shows on the title that our water comes from a spring pumped by solar pump which was paid for by half each ( previous Owner) and the neighbour. the le… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,547 satisfied customers
Im buying one of 3 rural two blocks. Access to these blocks
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 … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,547 satisfied customers
I have 2 questions relating to the same issue Background
I have 2 questions relating to the same issueBackground information approx 40 property owners have a right of way over a distance of 6km. It is a private right of way on property owned by the local co… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,547 satisfied customers
I am having a contuing saga with the neighbour - we own
I am having a contuing saga with the neighbour - we own lifestyke block with an easement over it for our neighbour, we have requested a million times for him to pleadse close the gate (main gate) to enter our property and he refuses - we shut the gate for security reasons. He won't shut the gate because he has said that he doesn't need to close the gate because he has an eastment over the property so it is his gate and he can leave it open, there is no house on their property - … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,547 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
31,547 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
31,547 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
31,547 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
31,547 satisfied customers
I have an easement for access to my property over my neighbours
I have an easement for access to my property over my neighbours property. We agreed to install a locked gate to keep stock in as well as security for our buildings and assets. Others have damaged our … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,547 satisfied customers
Can I have an openable gate on a piece of my land to which
Can I have an openable gate on a piece of my land to which my neighbour has a right-of-way easement? Property Law Act 2005 Schedule 5: http://www.legislation.govt.nz/act/public/2007/0091/latest/DLM969… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,547 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
31,547 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
31,547 satisfied customers
On our land title are the words appurtenant hereto is a right
On our land title are the words "appurtenant hereto is a right of way and a right to convey water/power and telecommunication rights" subject to Section 243 (a) Resource Management Act 1991. Does this… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,547 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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