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Historical accessway

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  • Historical accessway

    Wondered if any of you have encountered this problem. Access to the carparks behind our commercial building is via an accessway on another property. For 30+ years, never been a problem until ownership of the property on which the accessway is located changed. It was only then noted on the property deed that no easement existed. The new owner has blocked access. Doesn't wants to grant an easement now. Your views much appreciated. Many thanks.

  • #2
    Originally posted by ronniegal View Post
    Wondered if any of you have encountered this problem. Access to the carparks behind our commercial building is via an accessway on another property. For 30+ years, never been a problem until ownership of the property on which the accessway is located changed. It was only then noted on the property deed that no easement existed. The new owner has blocked access. Doesn't wants to grant an easement now. Your views much appreciated. Many thanks.
    You're stuffed.
    Sounds like they built the building without access to the back and now you don't have alternative access - your problem not the new owners.
    Moral - check what you are buying before you do.

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    • #3
      I don't think you are stuffed you just need a aggressive lawyer. Just because no easement has been noted. The historical usage would be your argument.

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      • #4
        Was it a shortcut access, and you have a longer main access route, otherwise how do you get to the car parks now that the first access had been blocked.

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        • #5
          Have you looked at your title and their title?

          Are you sure there's no easement or some other thing that gives you access?
          Squadly dinky do!

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          • #6
            Apply for a resource consent to set up a mushroom farm in the car park area.

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            • #7
              Sounds just like my property
              I granted the user a license to cross my land $150pw

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