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Thread: Shared Driveway

  1. #1

    Default Shared Driveway

    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.
    Last edited by Rosie75; 19-08-2014 at 11:58 PM.

  2. #2

    Default

    Sorry i cant give you a nice easy out to this situation BUT im sure running one of the kids over will stop them from using it as a playground.

  3. #3
    Join Date
    Jul 2011
    Location
    Tauranga
    Posts
    2,769

    Default

    Even if you can, can you actually stop the kids? Just toot at them so they know you are coming.

  4. #4
    Join Date
    Aug 2009
    Location
    Auckland
    Posts
    1,080

    Default

    There might be a proper legal argument for this but I find it really hard to stop kids from those annoying acts. You could talk to their parents but that could, unfortunately, backfire as not all parents are understanding.


 

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