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Gnarly Issue - Fencing of Dual (Contested) Right of Ways...

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  • #46
    Originally posted by Nick G View Post
    Why do you need to win?
    I must feel I'm losing... As I said, been feeling like a victim.

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    • #47
      On that theme...

      Once you decide you're a winner not a victim, things change, so I'm grateful to Don't believe the Hype

      Amazing how quickly things can change.

      The Police were around today. Had a chat with them. Agreed that security cameras would be a great idea.

      A building site on the other side of the gully got robbed this morning. Made off with nail guns (how apt) and skill saws.

      Their escape route was through the now insecure gate at the end of the other RoW and down the RoWs. But they must have dumped the gear on the way, and the Police were looking for it.

      My lttle "friends" arrived to find a Policeman walking down their RoW. They won't like that, so I reckon on the gateway being fixed up again, fairly soon.

      Let's see what else happens.

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      • #48
        Originally posted by PTcruza View Post
        Another little update for those who are following this sad saga...

        I think there is something inherently wrong with a system which requires a landowner to have to do title and instrument searches of every one of his neighbours in order to work out who are parties to a boundary fence, but that seems to be the case here.

        And I'm still waiting for results from LINZ. One of the essential documents is not even in their database, and needs to be retrieved from archive - if it's actually there. If not, things could get even more interesting as I have discovered something seriously problematic (fortunately, not for me), but it's so problematic that I won't publish it here for the time being at least.

        Here is a similar case, which as you can see, turned nasty and expensive. A BNZ Director, no less! Even intelligent, educated, affluent people can fight over these simple things. Too bad it was her side's own fault!

        Stuff story, 1 Feb 2015: http://www.stuff.co.nz/life-style/ho...osts-thousands

        I have known Ron for many years and always thought he was very polite, decent and reasonable. You can see his van parked at the end of the driveway in the photo. Obviously, being (and having been) reasonable matters, when things get to court. Lesson for everyone.

        NZ Herald story: 2 Jun 2015: http://www.nzherald.co.nz/business/n...ectid=11458436

        I think the Stuff story is more informative but who knows? The van has gone, in the NZH photo... Ron sold up and moved out / retired to a life of leisure a while later. Still don't know the final outcome re the RoW.

        Some of the other links in these articles are probably also of great interest if not value.
        Just goes to show these things can be complicated and are rarely black and white. The Jervis case reminds me of a middle unit we had bought of 3 units. At the time of purchase the owners of the end unit had put a metal gate across the drive and built a garage on the drive portion that was shared. I did not realize at the time of purchase that their end bit of drive was actually shared land so it was illegal what they had done . When they came to sell their house they came around to get me to sign over that portion of the driveway to them . I negotiated a small payment of around 3k from them as their action in claiming the shared portion of driveway as exclusive use had netted them quite a handsome profit on the sale of their house as it increased their land area by around 50 square metres. They also had to get the owner of the front unit to sign .

        For your own situation is their not some type of automatic sliding gate that could be installed across your entrance which could provide better security and avoid the need for partitioning the ROW?

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        • #49
          You can't not tell us what country he is from. This helps complete the picture and put things into perspective. This is just as important a fact as the drawing you provided.

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