Wondering if anyone is able to offer any advice on this. Just spent the last half hour googling easements and want to check my understanding is correct (or entirely wrong).
I own House A. I share a driveway with House B and C, both Housing NZ properties. House C has very noisy children that play on the driveway. I work long hours (unlike my HNZ neighbours) and need my weekends to relax not listen to children screaming. I know it sounds petty but Im fed up with the noise and mess on the driveway.
House B and I are Servient tenants on the easement. House C is a Domiant tenant. Does this mean A & B own the driveway and are responsible for its upkeep? If House C uses the driveway does this mean Housing NZ are responsible for 1/2 or 2/3 of the driveway maintenance?
Can I request Housing HZ prevents their tenants children from House C using the driveway as a backyard as they are dominant tenants and have only right of way for access?
Sorry if this makes no sense it is a bit confusing.
edited to say now ive just read something saying that if serviant and dominant tenets are the same owner (eg Housing NZ) the easement is not valid. Think i need a lawyer to make sense of this... too complicated for 11pm.
I own House A. I share a driveway with House B and C, both Housing NZ properties. House C has very noisy children that play on the driveway. I work long hours (unlike my HNZ neighbours) and need my weekends to relax not listen to children screaming. I know it sounds petty but Im fed up with the noise and mess on the driveway.
House B and I are Servient tenants on the easement. House C is a Domiant tenant. Does this mean A & B own the driveway and are responsible for its upkeep? If House C uses the driveway does this mean Housing NZ are responsible for 1/2 or 2/3 of the driveway maintenance?
Can I request Housing HZ prevents their tenants children from House C using the driveway as a backyard as they are dominant tenants and have only right of way for access?
Sorry if this makes no sense it is a bit confusing.
edited to say now ive just read something saying that if serviant and dominant tenets are the same owner (eg Housing NZ) the easement is not valid. Think i need a lawyer to make sense of this... too complicated for 11pm.
Comment