Private Road and access to property
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| 1 | Looking at a property that apparently has a "carriageway" -a road off the main road - sealed to top of the hill then winds around a bit unsealed. Property in unsealed area. Have been told the "owner" of the carriageway has trespassed people from using this "road".. If there are several houses on this road can he legally trespass people from travelling along that carriageway (his words apparently)? I will go to council this week but would have thought anybody could use it. Any information in the interim appreciated. melinda1 - 2021-09-12 09:13:00 |
| 2 | A "carriageway" is not a legal term in this context as far as I'm aware (its a generic term that can apply to any road). So it depends entirely on the rights of way granted to the other homes by the owner of the land over which the road goes. The agent should be able to explain the rights to you, otherwise your lawyer can do this. I wouldn't expect too much from the council as its a private matter. In general, if the home owners have rights of way, the other owner can't prohibit them using it. If there is a dispute the agent should be able to tell you what it is. Anything like this rings alarm bells for me.... sparkychap - 2021-09-12 09:44:00 |
| 3 | You probably need tov get advice from a lawyer if the property you intend to buy has an easement over the private driveway: https://www.linz.govt.nz/crown-property/using-crown-property ian1990 - 2021-09-12 09:44:00 |
| 4 | I wouldn’t touch with a 10 foot barge pole. There was a case near maungatautiri??? I think it was?? where a guy was stopping people from accessing their own land. lakeview3 - 2021-09-12 09:47:00 |
| 5 | lakeview3 wrote:
Without true facts ,you are speaking B------t martin11 - 2021-09-12 10:06:00 |
| 6 | Quite simply, you need understand the actual detailed arrangement of property and easement boundaries, and the details of the titles involved. That needs to be researched by a property professional (solicitor, surveyor, real estate agent) who would guide you through it. I wouldn’t generally include council staff in that, nor real estate sales people. Anything else is speculation, fretting at terminology and generally a recipe for a complete misunderstanding of the situation. For example, I understand carriageway to refer to the part of a legal road travelled by vehicles, ie between kerb lines. And completely unhelpful in this situation. Start with the agent, see what they say exactly. pico42 - 2021-09-12 10:35:00 |
| 7 | pico42 wrote: however an agent cannot give legal advice, and rarely do, in the first instance one should see a conveyancing solicitor. Edited by gabbysnana at 10:50 am, Sun 12 Sep gabbysnana - 2021-09-12 10:50:00 |
| 8 | Get a copy of the Title, that should reveal a whole host of information, also a call to the Local Authority. The Agent should be able to supply you a copy of the title, but if I was going to purchase the property I would obtain my own guaranteed copy of title from the LINZ website, I would also factor in the cost of a having a boundary survey done, or making sure the pegs are all there and visible. Check on the issue of whether or not it is an unformed legal road aka paper road. Edited by kenw1 at 11:01 am, Sun 12 Sep kenw1 - 2021-09-12 10:59:00 |
| 9 | gabbysnana wrote: No they can't give legal advice, but they are required to know and to be able to explain the basic rights associated with a property they are selling, including easements and ROWs. Having said that, if serious, I'd only rely on a lawyer/solicitor. sparkychap - 2021-09-12 11:44:00 |
| 10 | Thank you all so much. Will talk to my lawyer to9morrow and pop in to council and see what they show o9n record. Appreciated and lots of red herrings! melinda1 - 2021-09-12 11:48:00 |
| 11 | martin11 wrote: might have been this case? https://www.stuff.co.nz/environment/93577157/guards-patrol-e Don’t want to waste too much time researching, but I did remember something from a few years back. Edited by lakeview3 at 11:49 am, Sun 12 Sep lakeview3 - 2021-09-12 11:48:00 |
| 12 | lakeview3 wrote:
Why would O/P look for trouble? There are other properties for sale. Harder to find a barge pole in N.Z. amasser - 2021-09-12 12:08:00 |
| 13 | lakeview3 wrote:
Having refreshed yourself of the general circumstances of that matter, what do you think were the causes and how would you translate that into sound constructive advice for OP on their matter. pico42 - 2021-09-12 12:08:00 |
| 14 | amasser wrote: toyboy3 - 2021-09-12 12:26:00 |
| 15 | melinda1 wrote: however the other issue with this arrangement, something we are dealing with at the moment, is the "owner" is in charge of the road maintenance. issues arise when the other land owners on that road don't want to pay for the repairs. tweake - 2021-09-12 12:37:00 |
| 16 | I think it is the interested parties plus invited guests that are non trespassable. kenw1 - 2021-09-12 16:53:00 |
