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  1. #1

    Default consent asking from neighbour

    Hi All

    There is a creek separated my garden. Only a little bit of land is located on the other side of the creek. My neighbour on the other side of the creek would like to get a consent for laying a drain on my land. The drain won't go under my house and most of the garden because they are on different side. Will it affect my property if I give the consent?

    I am looking forward to all your reply.

    Regards

    Winny

  2. #2

    Default

    Easements over your land in favour of a neighbour is always detrimental as your land is burdened with someones elses infrastructure going over it and the possible propblems that may come with it, such as breakage, repair, replacement and the access they will require for it. So there is often compensation paid to you in return for the easement, thats if you decide to give permission. The easement will be shown on your title and theirs and a plan is drawn up to show where it is located. There will be conditions in the easement instrument (document) that say what they can and cant do, and what you can and cant do to the easement area.

    You dont say what the drain is for?

    The new 2017 Land Transfer Act will refer to, and this will be detailed in the easement instrument (the document that gets lodged at Land Infomation NZ to then record on your land title) your land as the "burdened land" (the land that has the easement over it). The land that will be able have the drain over yours will be known as the "benefited land".

    Hope that helps.

  3. #3

    Default

    I’ve been granted easements from neighbors in the past and have paid nothing. The assessment you need to do is what negative impact if any comes from granting consent.

    Based on the limited info you’ve provided is there an opportunity to sell the land on the other side of the creek to the neighbor? it seems like a good natural boundary, he gets his drainage, you don’t have to worry about maintaining the small amount of land on the other side of the creek and you get paid. Everyone’s a winner.

    Need to check out the increment cost of a boundary change vs. just adding easements to titles.

  4. #4

    Default

    I assure you a boundary change will cost a great deal more than an easement. And lucky is anyone who gets granted an easement at no cost, perhaps because of the naivety of the granting owner. Of course there are exceptions but hey, supply and demand.

  5. #5

    Default

    Thank you for all the reply. The neighbour said the drain he requested was only connected to the private drain and did not need any easement on the title. It is good to get the advice from you. It seems my neighbour think me as a naive landlord.

  6. #6

    Default

    but wont the land be a better amenity if the drain is installed?

  7. #7

    Default

    Anything on your property that doesn't belong to your property needs an easement, which then has the possibiity to limit what you can do with that bit of land, not to mention you might be required to allow access to maintain it etc.


 

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