Easement / ROW, Fence Boundary, Shed Issues

[inertia]

My family live in an "bush living environment" up a steep driveway shared by three properties, fortunately we have a positive easement across our neighbours properties - last house of three on the drive.

The neighbour whose property is directly next to us (in the middle of three) has built a shed approximately 1 metre from our property boundary, on the edge of the drive in between the drive and a steep drop to the road. Recently the neighbour also extended an existing boundary fence to the edge of his property boundary and the easement / driveway making it difficult for cars to access our house safely, and difficult if not impossible for any large vehicles to access our house - the difficulty being that there is not a large enough turning circle for vehicles, especially anything larger than a station wagon.

There are a few issues we're currently researching:
1. the PIM report for our property doesn't clearly define what activities are "allowed" on the ROW
2. the neighbour has built a fence on the property boundary without consulting us - he thinks that because it's a few centimetres from his property boundary he doesn't need to
3. access to our property is severely restricted because of how close to the boundary and our driveway the neighbour has built the new fence
4. from what we understand of the district plan for our area the neighbours shed should be 3 metres from our property boundary

We have attempted to talk with our neighbour but he is quite unreasonable and seems oblivious to any legal obligations and reasonable behaviour where neighbours are concerned - ie. he verbally abuses, threatens and bullies

We are continuing to research options and have noted mediation, arbitration and the district court are possible options in resolving some of these issues. But we'd really appreciate any advice or shared experiences from others in terms of legal rights, similar cases and how they were resolved?

[Damap]

You are making lots of assumptions so first thing is find out whether the neighbour has done anything wrong. A shed under 10 sqm for example in most parts of Auckland can go anywhere within your boundary. Fence may be the same. Assuming there is an actual violation then a lawyers letter would be a good start assuming you don't mind the neighbour hating you.
Unfortunately unreasonable people are usually unreasonable forever so a heavy handed opening approach can sometimes work.

[inertia]

Waiting on Certificate of Title

"the PIM report for our property doesn't clearly define what activities are 'allowed' on the ROW"

After reading the different advice from this forum we have since requested the certificate of title for our property (including diagram), and will also request the certificate of title for the neighbours property to see if any further details for the ROW easement are outlined.

[inertia]

Thank you for your reply! we were hoping to avoid going down the legal route but feel like we're running out of options.

Unfortunately we don't have the option of the neighbour not hating us, he already does! his usual response to requests for consideration is "this is my land, I can do whatever the f*ck I want" he's reactionary, lacks self control, and through the 8 years we've known him he often has loud abusive arguments with his partner.

Yes we are making a lot of assumptions, the shed in question is under 10sqm, however, after checking the district plan, despite the size of the shed it is meant to be located further from the boundary (it's currently just shy of 1 metre). The Fencing Act and case studies around the fencing act mention that if a neighbour builds too close to a shared boundary there may be cause for dispute. According to the legal definitions of *neighbours rights the law recognises that an owner may do anything lawful with their land but must have due regard for their neighbour and not interfere with their use and enjoyment of that land. I'm pretty sure there's also a legal requirement for emergency services and utilities to have unrestricted access to a property which previously (before the fence was built) they did.

We figure we probably need to get a surveyor in to determine boundaries and were kind of hoping (probably wishful thinking) we wouldn't need to talk with a lawyer. There are other buildings on this property that do not have building compliance or resource consent and the neighbour is currently going through the process of attempting a COA but there are multiple breaches for these so I think we have to wait and see the outcome of that.

*Some examples of statutory rights between neighbours are contained in the Property Law Act 1952, the Land Transfer Act 1952, the Fencing Act 1978, the RMA 1991, the Unit Titles Act 1972 and the Local Government Act 1974.

[John the builder]

If they are building in yards then council should be interested. You may not need building consent forr the shed (if it is it own height away from the boundary) but district plan still applies and resource consent may be required?

Don't wait for the outcome as council need to know now you are an affected neighbour?

[TheFlash]

I feel for you mate,

ive been in the same boat as you in regards to garden sheds and neighbors who build fences where they shouldn't. (perhaps read my past posts where i too have specified council shed requirements)

I moved out to solve my problem.

The issue you face - you maybe right about something but the ability to enforce it - is zero.

The council will not care.

Your neighbor will never stop to make your life a misery.

Looking back, moving out was the correct thing to do as the guy later on killed a family member.

Someone here coined the term "****tard" which is what i use to reference my neighbor - it actually kind of help.

The rules for ROW setups is not part of the certificate of title - but is referenced in the cert of title - i think the document your looking for is called a easement certificate which goes into the rules regarding the the ROW.

My easement cert mentions rules such as

right of way
right to convey water
right to drain water
right to drain sewer

Even though you may not have rules - there maybe a default application - search for Section 90d of the land transfer act 1952

My row went in 1974

[Wayne]

The shed is a side issue - does it really affect you?
John the Builder is right that the shed should be it's height away from the fence but does anyone really do that?
Certainly not where I come from.

I get the impression that the neighbour hasn't built the fence past his boundary but you problem is that you can't turn adequately within your boundary and need to 'share' his.
I had a similar situation a few years ago where a neighbour objected to my fence because they couldn't turn without the use of my land.
How was it my problem that they purchased an awkward section?

[inertia]

Thanks for your replies John & Wayne. As we live in a "bush living environment" the district plan rules are stricter in terms of what people can and can't do, two of the neighbours "sheds" are less than a metre from our boundary (from what we can tell without getting a surveyor in) but the district plan states they need to be 3 metres from the boundary.

Council does know now as random people have been coming up in rental cars and staying in two of the sheds which have been fitted out with a bedroom toilet and shower in one, and a kitchen sink in another - as advertised on a holiday home website. Two of the sheds have stormwater coming directly off the roof and in once case straight onto the road, whilst the other goes down the bank close to the unchecked pilings - the building is also cantilevered without proper foundings or any sort of engineer checking it.

Neighbour came over in a rage as council had been to see him and he doesn't have building or resource consent for all 3 of his sheds that don't meet building or resource consent requirements. We live with steep slopes on either sides of our properties and the sheds he has built are built on stilts and I'm guessing don't have engineering reports.

After the neighbour raged at us for asking council about our privacy concerns - which is all we talked to council about (we can see into the 'holiday shack' bedroom and see people going about their business just as they can see into our kitchen and lower living room as well as outdoor area) he then built a fence which severely restricts access to our property ie. we're not sure our gas delivery truck will be able to turn around to deliver the gas and turn around to safely go back down the steep driveway.

We are in the process of getting a surveyor in to check his boundaries with regards to the fence he has built and also to map out the full extent of the easement, the current right of way is only concreted to a minimum width but we do have right of way to a greater width... which will mean the neighbour is either blocking access with his fence OR blocking access with his shed and raised garden he has built on the other side of the easement.

We have been very tolerant with this neighbour who has done things like pull down a boundary fence he didn't like without any notice and leave the boundary empty for a month whilst he scraped together some funds to replace it with a fence that extended further than the original, as well as chopping down native trees he didn't like which weren't actually on his property. I haven't really mentioned the verbal abuse we've been subjected to or the threats and other drama he's inflicted on us and other neighbours. We have attempted talking to him as well as mediation but he's not interested, so it looks like it'll be the council that deals with his activities with regards to the three sheds (they'll be interested as he'll owe them a whole lot of money), and we'll have a surveyor in to determine the boundaries and go from there.


Thanks TheFlash! will have a look at your past posts.

[Damap]

Well sleepouts and sheds are completely different. Let council loose on them they will have a field day!

[inertia]

The shed is a side issue - does it really affect you? - yes, the neighbours paying guests (we know they're paying guests as he has advertised his "sheds" / detached buildings online) can see into our living area and kitchen as we can also see into their kitchen and bedroom

John the Builder is right that the shed should be it's height away from the fence but does anyone really do that?

Certainly not where I come from.

I get the impression that the neighbour hasn't built the fence past his boundary but you problem is that you can't turn adequately within your boundary and need to 'share' his. - The neighbour built the fence on the boundary line which we are in the process of checking without consulting us. Our neighbour and all guests to his property currently turn onto our driveway which according to our title documents are not part of the easement

I had a similar situation a few years ago where a neighbour objected to my fence because they couldn't turn without the use of my land.
How was it my problem that they purchased an awkward section? - this isn't relevant and nor is it a similar situation to yours as our neighbour purchased an awkward section that allows us right of way over his land, he currently uses our drive to turn where he has no legal right to. as this neighbour built his property after ours was built the easement was not fully fleshed out in terms of how it might work once somebody else built a property, what probably needs to happen is that someone needs to redefine the right of way or the neighbour should calm the f*ck down and talk to us if he wants us to grant him and his guests the right to use our drive.

[spaceman]

IMHO you need on of these signs.....





Cheers
Spaceman

[Wayne]

The shed is a side issue - does it really affect you? - yes, the neighbours paying guests (we know they're paying guests as he has advertised his "sheds" / detached buildings online) can see into our living area and kitchen as we can also see into their kitchen and bedroom

A shed is a shed and this is a sleepout - not a shed.
The council should sort this quick smart - especially as he is advertising them.