School owns part of my driveway

[Wayne]

I have a house where the school behind owns part of my driveway.
Basically they own a small triangle of land across the front of my driveway. The land is part of the school's accessway (the school is a rear section) but isn't (and has never) been used as the school driveway is wide and has a pathway beside it.

Now it has been this way forever so far as I can see - my property built a drive on what is technically the schools land and no one cares.
Except me now that I want to develop the rear of the section and can't have an easement for the rear properties for a piece of land I don't own.

It has been suggested that I get a legal easement over the school's triangle but the question is - who to contact?
The original land was taken under the public works act in the 50's.
So do I contact the school or the Ministry?
If the Ministry - which bit?
Anyone had experiance in this?

[Maccachic]

This site will give you some info: http://pmis.minedu.govt.nz/

[donna]

Very interesting Wayne - please let us know how you get on.

cheers,

Donna

[essence]

Get in contact with a good lawyer to get this sorted for you.

It may seem like a lot of money to do so, but remember if he/she sorts it out properly, it'll give you access to a subdividing - and profit!!

[Wayne]

I actually did this and they advised that it will costs lots to get to a stage of signing something. They are happy to do this but advised against it.
My thinking then is to do the leg work - find the 'owner' and set the ball rolling and get the lawyer back in when there was something more concrete.
Finding the 'owner' for the initial dialogue is where I need the advice.

[Maccachic]

Get in touch with the Network Facilitator for the School (use link above) they should be able to direct you in the right place.

[Nice]

Primary school or secondary ? You could always try opening discussion with either the Principal or the BoT Chair, or both ? They may be able to provide direction through the minefield of the Dept of Ed.

[Xav]

You might want to consider buying that bit of land, that way they have an incentive to actually do something. Plus it results in a slightly tidier outcome. Looks like it's 5m2 or less so the cost should be small (so not much of an incentive I guess).

[Davo36]

Well someone I know did something similar, with the railways recently.

The person I know had a section that backed onto the railway line, with a ROW over it in a really inconvenient place. So they wanted it moved down one end of the section, allowing the rest to be developed.

They basically paid the railways a small amount of cash to do this.

For the ministry of education, they will have a property management team. Just ring the 0800 line or what have you and ask to speak to someone in the property management department. And then be prepared to be very patient!

You'll have to do all the work, like having it surveyed etc. and then you'll have to pay them something to either buy that bit of land or have an easement over it.

And like I say, be patient, it could take a few months to sort this out.

[Wayne]

And like I say, be patient, it could take a few months to sort this out.

This is why I thought I would try the donkey work myself.

As for surveying - I'm doing a subdivision anyway so that isn't an issue.

Thanks for all the suggestions - I think I will try the 0800 and property management team as well as the facilitator at the school (I know one of the teachers so can track him down that way.

Secondary school by the way - if it makes a difference.

[Winston001]

The land will be held by the Crown for education purposes. You'll need to deal with whichever arm of government administers that sort of land. Try Min of Education but probably LINZ.

If this land was taken under the Public Works Act then any sale will firstly need to be offered back to the original owners or their descendants.

If they decline, then its likely the land must be offered to the local Maori tribal trust under the Treaty settlement laws.

Leaving a sale aside, quite how a restriction (easement) on the title to the school land can be handled I do not know. Your idea seems sensible but please be aware there may be legal limitations.

Plus the Crown may simply say NO.

[Wayne]

The land will be held by the Crown for education purposes. You'll need to deal with whichever arm of government administers that sort of land. Try Min of Education but probably LINZ.

If this land was taken under the Public Works Act then any sale will firstly need to be offered back to the original owners or their descendants.

If they decline, then its likely the land must be offered to the local Maori tribal trust under the Treaty settlement laws.

Leaving a sale aside, quite how a restriction (easement) on the title to the school land can be handled I do not know. Your idea seems sensible but please be aware there may be legal limitations.

Plus the Crown may simply say NO.

Yes it was taken under the act which is why the easement option is probably the safest.
If they say no (in the end after I find who can say yes or no) I just make the drive go around the triangle.
I could try the court with prior use etc - it has been used as part of the drive forever and is fenced that way.
If I wasn't subdividing I'd just leave it as is.