Easement Question

[robbyp.]

We own some land (a 12 acre lifestyle block) that has a small shared drive, off the main road. The small drive divides into 3 gates, one of which is ours, and the other two are our neighbours. We own the drive (we are shown as being the servient tenement, and the drive is on our title), and our neighbours have got easements over the drive, to use it for accessing their land. Currently the drive is largely undeveloped apart from being sealed with gravel. We arrived one day to the land, to find our neighbours had planted on the driveway land, in areas around their gate, and also in front of part of our fence, and was done without our consultation or permission. We do have plans to develop the driveway in the near future, and put in features such as a cattlegrid, and the plantings we had choosen do not match what they have done.

Does anyone know if we can ask the neighbours who have easements across our drive, to go thirds on the cost for improvements to the driveway and plants for the land on the driveway?

Can we ask our neighbours to remove the current plantings on our land. We suspect that these neighbours could be subdividing their land to sell to developers, as we had seen a developers ute on the land a few days ago.

TIA

[Green Fish]

Where several owners share a right-of-way, they are usually liable to share the costs of repairing and maintaining it:

http://www.legislation.govt.nz/regul...DLM138595.html


But I don't think the other owners can be compelled to share in the costs of improving the access from the customary "rural metalled standard". This would probably have to be done by agreement.

The other owner should not have planted trees without your consent. They are only entitled to use the land as a right-of-way, not as a garden. It's still your land.

[alhoon]

Have you talked to the people about their plans? If they are thinking of subdividing they might be willing to pay for the upgrade.

Or they might just be unaware of what they have done wrong.

Allan

[robbyp.]

Thanks for you useful replies.

We will have to arrange a meeting with our neighbours, as they are on the site like about 3-4 times a year, and we are there only in the weekends. They may be able to subdivide their land into 5 pieces according to the council, however we probably wouldn't willingly permit them additional easements over the drive. They do also have direct access to the road from their property, as one of the ir boundarys is the road, so I am not sure exactly why they have an easement on our drive, however that was probably all setup for cost reasons, when the land was initially subdivided into the 3 pieces of land.

[Green Fish]

If you're in Rodney District, I think there's something in the district plan about not have any more than five sites sharing an access, so if the neighbours subdivide their land into five sites, they may to form a new access from the road.

[Rebeccat]

I don't mean to hijack your post but as someone who has an easement over our neighbours drive I have a similar question. The driveway is standard rural metal and she would like to beautify it with sleepers on the side and plants etc.. and concrete closer to the houses but all of this is well over our budget and we don't feel it is necessary, the driveway works just fine. As she is the owner can she order us to financially assist her?

[Xav]

Doesn't sound like repairs or maintenance Rebeccat, so no she can't obligate you.

Ps. You can't really hijack a two year old thread

[graemeh]

Ps. You can't really hijack a two year old thread

ha ha, yes she can and she did

Perhaps we need threads to close if there is no activity for a sensible period.

[Property Trainer]

If the threads 2yrs old, what was the outcome. In fact, hearing of the results to some of these queries could be very help. Could I suggest a Final post from the originator of the thread before it is closed?