I'm the owner of a freehold cross lease property - a half share. My garage borders my neighbours area, shown on the

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Customer: Hello. I'm the owner of a freehold cross lease property - a half share. My garage borders my neighbours area, shown on the lease plan is "exclusive use". I wish to carry out maintenance on the cladding that faces my neighbours space (at driveway). However, my neighbour has been rather hostile and as threatened to restrict access (an even serve me with a trespass notice) so I cant carry out repairs - which a feel in unfair and gives her the power to make extortionate demands on me. What protections or remedies do I have have under NZ law?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I've taken no formal steps, filled out any forms or the like. I'll written her a letter formally asking for access. We had a disagreement over the phone and I anticipate she is planning to restrict my access now.
JA: Have you talked to a New Zealand lawyer about this?
Customer: No
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No.
Answered by Chris The Lawyer in 5 mins 2 years ago
Chris The Lawyer
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Chris The Lawyer, Expert

I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question


Chris The Lawyer, Expert

The answer is the Property Law Act which says

319 Owner or occupier of land may apply to court for order authorising entry onto or over neighbouring land

(1) A person may apply to a court for an order under section 320 if the person is an owner or occupier of any land who wishes to enter onto or over any neighbouring land for any of the following purposes:

(a) to erect, repair, alter, add to, paint, or demolish the whole or any part of any structure on the applicant’s land; or

(b) to do any other necessary or desirable thing in relation to the applicant’s land.

(2) An application under subsection (1) may be made only if the applicant has given at least 5 working days’ written notice of intention to apply for the order to—

(a) the owner of the neighbouring land; and

(b) if the owner is not the occupier of the neighbouring land, the occupier of that land.

(3) The written notice required by subsection (2) must adequately inform the owner and, if applicable, the occupier of the neighbouring land of all of the following matters:

(a) the nature of the proposed work:

(b) how the work is proposed to be undertaken:

(c) the time during which the work is proposed to be undertaken:

(d) the measures that are proposed to be taken to maintain adequate access to the neighbouring land.

(4) In this section and section 320, neighbouring land means any land for which the order is sought whether or not it adjoins the applicant’s land.


Chris The Lawyer, Expert

So if you give notice of the work you want to do, and she refuses, you can apply to court and ask for costs of the application, which are justified by her being unreasonable

Hi Chris. Thank you for that. It really has clarified things for me a lot. Although my lease agreement does allow access for repair and maintenance, I fear that she is unlikely to want to honour it. It pays to have have additional recourse should the situation deteriorate. Knowing I have a more that one legal remedy does give me some peace of mind. Thank you very much.

Chris The Lawyer, Expert

I hope giving notice is enough-she should be told you can enforce this so should be sensible

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