neighbour encroaching on public road in front of our property

[sam608]

We have been trying for over a year to stop an unauthorized driveway access that our neighbor uses to get to their property. The access starts at our vehicle crossing and runs the full length of our road frontage(30 metres) all on public road reserve. Our neighbors only council rural rapid address and vehicle crossing is 100 metres down the road, over the years past owners have blocked access to the garage with tree plantings, a retaining wall and more recently new owners a fence. All this is also on public road reserve. Council are defending the access as they feel it would be an unreasonable cost to make our neighbours reestablish their own access, even though we consider it a nusiance and unsafe the way the access is used. They are now even going as far as using rate payers money to extend our vehicle crossing another 6 metres to accommodate them on our road frontage.
We are putting this out there to see if we are the only ones who see this as unfair.

[Winston001]

I can't quite picture why the neighbours cannot access their own land directly from the road but doubtless there is a good reason.

So far as I recall, road reserve is "road" and you can both use it - as can everyone else. Its an unusual situation but strictly, its difficult to see what you can do.

What exactly is the problem? If its a safety issue, call the police.

[Keys]

neigbour encroaching on public road

[spaceman]

Wouldn't the simple solution be to block their access across "your" road frontage... after all the council has already given tacit approval...... plenty of inexpensive and annoying ways to do this.

Cheers
Spaceman

[sam608]

We cant figure out why they don't access their own property from their own driveway. They have two current accesses to their 84m of road frontage and yet they choose to access their property from our vehicle access. They are not landlocked, they are road frontage. The council tells us that they have no problem with it and yet they have never given consent to current or previous owners to access under this scenario. The current access has been in place, council say, has been in place for 17 or 20 years. They dont actually know. There is no consent on either property file at council. There are no legal easements, row's or granted accesses, encroachment license or whatever you want to call it!. To access their property via their existing access they would need to remove trees, shrubs, low retaining walls and vegetation and a newly erected fence just built. They cant directly access their garage due to a bank of some 2.5m high. It was the council that actually consented to the garage and house been built where is it now, not us.

[sam608]

We thought about that and the councils response was that they would immediately issue a section 357 Of The Local Government Act 1974. Basically means that they would issue court proceedings against us and sue us for blocking the road (berm). Any further comments or suggestions gratefully received.

[One]

i suspect if the choice is major cost and inconvenience to the neighbour vs nuisance but no cost to you, the council is going to let the neighbour win.

Sounds like the council is fixing the safety issue by extending your vehicle crossing, right?

Could you sell the neighbours an easement and get them to do some landscaping to hide their vehicles to reduce the nuisance level?

Might be a way to get something you can both live with.

[sam608]

They are accessing along public road berm. It is like your neighbor using your vehicle crossing and running along the verge or if we were in in town the footpath in front of your property to reach their property meanwhile they have used what was their original access as an addition to their section. We only want council to maintain the integrity of the systems and laws they work under and correct it. LINZ tells us it is a legal issue and to contact a lawyer but who are we contacting one on the neighbor or the council?

[spaceman]

We thought about that and the councils response was that they would immediately issue a section 357 Of The Local Government Act 1974. Basically means that they would issue court proceedings against us and sue us for blocking the road (berm). Any further comments or suggestions gratefully received.

???? I think I must have misread your first post..... didn't you say the road/berm was already blocked at their end?????

Have you asked the council why they are prepared to issue you with a section 357 and not your neighbour......maybe I'm not quite grasping the lie of the land as it were.

I still reckon there's plenty of ways to block access ..... including evil ones that would be impossible to trace back to you as long as you were cunning.....*cough* caltrops *cough*

[Winston001]

The neighbours are not blocking the roadside so they aren't doing anything unlawful. The roadside is there for anyone and everyone to use until the council says otherwise.

[Winston001]

They are accessing along public road berm. It is like your neighbor using your vehicle crossing and running along the verge or if we were in in town the footpath in front of your property to reach their property meanwhile they have used what was their original access as an addition to their section.

We only want council to maintain the integrity of the systems and laws they work under and correct it. LINZ tells us it is a legal issue and to contact a lawyer but who are we contacting one on the neighbor or the council?

Firstly, you have an equal right to drive along their 83m of frontage if you wish. In cities the laws are different - footpaths are protected so you can't lawfully drive along them. Its different in rural areas.

I'm sorry but IMHO it is not a legal issue - at least not in the sense your neighbours are breaking any law. What law do you think must be upheld here?

[Winston001]

We cant figure out why they don't access their own property from their own driveway. They have two current accesses to their 84m of road frontage and yet they choose to access their property from our vehicle access. They are not landlocked, they are road frontage. The council tells us that they have no problem with it and yet they have never given consent to current or previous owners to access under this scenario. The current access has been in place, council say, has been in place for 17 or 20 years. They dont actually know. There is no consent on either property file at council. There are no legal easements, row's or granted accesses, encroachment license or whatever you want to call it!. To access their property via their existing access they would need to remove trees, shrubs, low retaining walls and vegetation and a newly erected fence just built. They cant directly access their garage due to a bank of some 2.5m high. It was the council that actually consented to the garage and house been built where is it now, not us.

Thanks for that, it clarifies the picture.

I know you are genuine and clearly this situation concerns you. A few thoughts:

1. Have you talked to your neighbours and simply asked them why?

2. What is the actual problem? Noise, dust, speeding vehicles, loss of privacy? You haven't actually explained why the neighbours bother you - and to get anywhere, you must be able to clearly express your specific concerns. Both here and to the council.

3. As for the garage permit, the council don't care where it is built - they are only worried about good building standards. Its up to the owner to find the best spot.

[sam608]

The neighbours are blocking the roadside. They and their visitors park all their vehicles on the road berm refusing access to any other party whatsoever. The road reserve is intended lawfully as a pedestrian and cycle access only, not a private driveway.

[Winston001]

Soo...go out there and park with them. Why would anyone else want access along the roadside in that particular spot? Is there a cycleway or footpath? Access to public reserve?

You are aware that the "long acre" has been grazed by generations of farmers with temporary fencing to keep the stock roads? And for droving stock? Its still common in country areas.


We're trying to help you here but you have to provide a coherent set of facts.

[One]

I agree with you that it's unfair - sounds like they've turned their driveway into garden and are using yours instead!

But I don't think your council gives a rats arse about "unfair". Or about "intended lawful" use. You've tried that route with the council and got nowhere, so instead you need to spell out exactly how it's hurting you.

The neighbours are blocking the roadside. They and their visitors park all their vehicles on the road berm refusing access to any other party whatsoever.

Do they have vehicles parked there permanently? If not, how much of the time? Are their vehicles visible from your house? Do they stop you using part of your house/garden the way you want to?

What kind of vehicle crossing is it? Does their use add to your maintenance costs, and if so, can you produce records of required maintenance? If the vehicle crossing's a bridge you could maybe talk about being worried about Health and Safety liability.