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  1. #1

    Default Right of Way - Do I need permission from my neighbours to add another dwelling ?

    Hi guys,

    I'm planning on adding another dwelling next to my existing dwelling.

    I have consulted with 3 building companies and I get mixed answers. Two of them said I do NOT need permission and one said I do.

    Long story short my property is on a ROW and there are 4 properties down the driveway.

    I own the FIRST two houses down the driveway so I do NOT need to use my neighbour's driveway at all.

    The property is freehold NOT cross-leased.

    What do you guys think ?


  2. #2
    Join Date
    Mar 2013


    There's more to it than that. You'll need to look at how the ROW was created. I.e. Who owns he land and what do the easements say?
    My blog. From personal experience.

  3. #3
    Join Date
    May 2008
    Torbay, Auckland


    Likely you will need a driveway over 6m wide.
    But if you are talking 7 or more houses, then you may have an issue.

    A building company like Keith Hay Holmes will give you the correct answer.
    Paul Magill B.com
    Bluekiwi Property Consulting
    [email protected]

  4. #4
    Join Date
    Jun 2004


    If you were to subdivide and add another dwelling I think you would need permission to alter the ROW (as another title would need access).
    If you are adding something like a MDU then your 'title' has ROW and the MDU would also (as the ROW isn't done by house but by title).
    But I'm not a lawyer so what do I know?


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