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  1. #1
    Join Date
    Dec 2003
    Location
    Wellington
    Posts
    606

    Default If a Property Has An Encroachment on Council Land is it on the Title?

    We have a property which was part of a 2005 in-fill development, the townhouse was built in 2005. We bought last year - today I got a letter from the Council telling us to sign a license for an encroachment of part of our drive way over legal road.

    Surely an encroachment should show on the title? The driveway in question is a part of an easement which we have access (and other rights) to but don't actually own. There is no indication on our title of any encroachment over Council (or other ) property

    Before we bought the council property report came up with "no encroachments are recorded on this property".

    The amount of money asked for is trivial - $1/year plus $76 or something for the signing the contract - but my concern is that the Council reserves the right to approve any purchaser we may sell to in order to sign them up for the license - oh and the Council can change the terms of the encroachment at any time.

    In fact I can't even see where the whopping 1.49m2 is - they claim a retaining wall - but all I see is a sloping driveway.

    So what can the Council do if I ignore this? Can they force us to sign something retroactively?

  2. #2
    Join Date
    Feb 2009
    Location
    Auckland
    Posts
    212

    Default

    Not at all an expert, but if the easement is over someone else's property, surely its their problem and not yours?

    Some legal advice is probably in order...

  3. #3
    Join Date
    May 2006
    Location
    Mordor
    Posts
    1,048

    Default

    That is certainly unusual and I understand your concern.

    No, it wouldn't show on the title. The encroachment may have existed for decades but only recently been discovered. The easement land is part of your neighbour's title as you say. I'm guessing a tiny part of that easement encroaches onto council roadway so in order for you to have the use of it, a licence is being granted. Your neighbour should have received the same document.

    Or...its a simple mistake and the encroachment is next door or elsewhere. Check with the council and then your lawyer.

    I am surprised this just appeared out of the blue without any hint it was coming. Street works lately? Any nearby survey work?

  4. #4
    Join Date
    Dec 2003
    Location
    Wellington
    Posts
    606

    Default

    Totally out of the blue - I work from home so I would have noticed street works or similar. Yeah I'll talk to the neighbours on the weekend and see if they got anything in the mail.

    They have the right aerial photo - but the encroachment is just 2 lines showing a crossing over the footpath/road reserve - very vague - to be kind, it also talks about a retaining wall which doesn't exist - the footpath is almost flat (for Wgtn)

  5. #5
    Join Date
    Dec 2003
    Location
    Wellington
    Posts
    606

    Default

    OK they replied - apparently they forgot to add the encroachment to the LIM - oops sorry they say! Oh and they forgot to transfer the original encroachment licence agreed with the developer in 2004 to the purchasers of the 3 properties involved.

    Gonna be talking to my lawyer on this one!


 

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