Hi All,
Would appreciate any feedback from anyone from a legal stand point on thefollowing scenario.
I own a section that is part of an original subdivisionthat was never built on. The site hasits own street address and rates are charged including a fee for services. There appears no provision for storm water onthe site.
Due to the position of the site, to connect to the mainstorm water connection requires going through two neighboring sections. One with a cross lease meaning there are 2owns as well as the neighboring property, so 3 owners in total.
Nothing has been stated on any of the titles, council hasstated it is not an area for them to resolve, even thought 460 legislation states they can resolve such isues. I have asked about the rights for a titled section and was told to lookat the original resource consent to see what was proposed. I have obtained the original documents butdue to the age, resources consents did not exist. The documentation mentions a storm water planbut no copy is available, as it does not appear that a record has been kept.
I wonder where this puts you as a land owner? Council arecharging fees for services that they are not providing and ultimately meansthat from their perspective that the section can only be used as a garden orrelated unless you can convince 3 ownersto sign off. It appears no provision hasbeen put in place when the services have been upgraded.
Any thoughts would be appreciated.
Would appreciate any feedback from anyone from a legal stand point on thefollowing scenario.
I own a section that is part of an original subdivisionthat was never built on. The site hasits own street address and rates are charged including a fee for services. There appears no provision for storm water onthe site.
Due to the position of the site, to connect to the mainstorm water connection requires going through two neighboring sections. One with a cross lease meaning there are 2owns as well as the neighboring property, so 3 owners in total.
Nothing has been stated on any of the titles, council hasstated it is not an area for them to resolve, even thought 460 legislation states they can resolve such isues. I have asked about the rights for a titled section and was told to lookat the original resource consent to see what was proposed. I have obtained the original documents butdue to the age, resources consents did not exist. The documentation mentions a storm water planbut no copy is available, as it does not appear that a record has been kept.
I wonder where this puts you as a land owner? Council arecharging fees for services that they are not providing and ultimately meansthat from their perspective that the section can only be used as a garden orrelated unless you can convince 3 ownersto sign off. It appears no provision hasbeen put in place when the services have been upgraded.
Any thoughts would be appreciated.
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