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  1. #1

    Default Driveway on council land for 35+years

    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

  2. #2
    Join Date
    Jan 2004
    Location
    Whangarei
    Posts
    5,867

    Default

    I would discuss the situation with a surveyor rather than directly with the council. They'll be able to give good advice without alerting the gestapo.

  3. #3
    Join Date
    Mar 2008
    Posts
    934

    Default

    I assume that you have known for a long time about this situation but because it suited you then there was no problem. If you didn't know your driveway was on someone else's land all this time then I am truly amazed.Imagine if Council had used your land, realised they had done so, and decided not to say anything to you in case you objected!
    Last edited by Shalodge; 06-11-2013 at 10:11 AM.

  4. #4
    Join Date
    Jun 2013
    Posts
    1,980

    Default

    Oh yeah, Shalodge, because the "council" will take it personally I suppose?


 

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