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Hi there,
We have a property in Auckland that borders a council reserve and our driveway runs up the edge of our property but is on the council owned reserve land. The driveway was already there 35 years ago when my grandparents purchased the place and the council have never said anything. We are wanting to upgrade the driveway but are worried that if we approach the council it will open a can of worms and we may not be able to use the drive any more. There is no record of an easement on the title, the driveway extends off the end of the road and was originally planned to extend down to the water for a harbourside drive (this was canned after residents opposed it in the 80s). There is another driveway on the opposite side of the property which is shared with the neighbour so we have alternative access but our address is for the street where the drive runs on council land.
Is it worth speaking to the council and seeing if an easement can be created? or will they simply stop us using the driveway, I just don't want to create a problem where there hasn't been one for 35+years. It really seems like the council actually don't know the land is theirs.
Cheers
Chops
We have a property in Auckland that borders a council reserve and our driveway runs up the edge of our property but is on the council owned reserve land. The driveway was already there 35 years ago when my grandparents purchased the place and the council have never said anything. We are wanting to upgrade the driveway but are worried that if we approach the council it will open a can of worms and we may not be able to use the drive any more. There is no record of an easement on the title, the driveway extends off the end of the road and was originally planned to extend down to the water for a harbourside drive (this was canned after residents opposed it in the 80s). There is another driveway on the opposite side of the property which is shared with the neighbour so we have alternative access but our address is for the street where the drive runs on council land.
Is it worth speaking to the council and seeing if an easement can be created? or will they simply stop us using the driveway, I just don't want to create a problem where there hasn't been one for 35+years. It really seems like the council actually don't know the land is theirs.
Cheers
Chops
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