I have a property im trying to sell it has a row easement set up in 1975, both original parties are deceased. How can I

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Customer: Hello I have a property im trying to sell it has a row easement set up in 1975, both original parties are deceased. How can I have it removed please
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I have all the title info, & awaiting a Lim report
JA: Where is the property located?
Customer: 298a Riddell rd Glendowie
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Is there a fee please
Answered by Chris The Lawyer in 58 mins 1 year ago
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Chris The Lawyer
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read your question
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Chris The Lawyer, Expert

Where an easement has no purpose any more then you can apply to court to have it removed under Section 317 of the Property Law Act. If the other owners consent this would be fairly straightforward. You mention the others are deceased but there must be current owners who would need to consent
Customer
How does a 1.5mtr easement effect a ROW access? And where can I find out how many dwellings can be built on my property please.
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Chris The Lawyer, Expert

The easement may have been there before the subdivision into the present sections, and not removed. Or it may actually be needed by the other parties. It is not easy to say without seeing the titles and plans.

As for subdivision, the Auckland City plan should set out the number of dwellings on each section on your land. I suggest you contact them to check what the plans say about your land and the area

Customer
There seems to be an issue in relation to the easement as to how many cars/carparks/maximum dwellings can use it. Its not clear & is putting off prospective buyers. The property is mixed housing suburban zoned. Can I send you the title information please?
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Chris The Lawyer, Expert

The easement would be able to be used by any parties to the easement, where it is shown on their titles. They should not normally be allowed to park on it. You can attach a pdf of the title and plan which may help

Customer
File attached (TG33QLM)
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Chris The Lawyer, Expert

That is just the standard form. The plan showing the easement and the relevant titles would enable me to see how this works

Customer
File attached (S272TG5)
Customer
File attached (76SZ5M6)
Customer
File attached (PTQSG4P)
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Chris The Lawyer, Expert

That seems to be a standard right of way giving the owners of the 4 lots, the rights to use this right of way. I assume they are adjacent to your title and on either side of the driveway. Who actually uses this?

Customer
Two properties side by side, both 1000sqm each. Only the rear two properties, currently with one dwelling on each property
Customer
Correction 1000 sqm plus
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Chris The Lawyer, Expert

Are the other two between those lots and the road? Is the issue that they have the right to use the right of way but do not actually use it?

Customer
the front lots have no right of way access they have there own only the two rear sites have access & use of the row
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Chris The Lawyer, Expert

Then you could apply to court to have them removed from the easement

Customer
Are they on it?
Customer
I didn't think the front two lots had row access or usage?
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Chris The Lawyer, Expert

You would need to check their titles to see if the easement is on them

Customer
My ultimate question is though how does it affect a development on my site?
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Chris The Lawyer, Expert

If you cross lease your land or create a unit title, the easement continues for those new cross leases or unit titles

Customer
Does it make cross leasing difficult?
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Chris The Lawyer, Expert

No, unless the neighbour objects to more vehicles using the driveway, and they would need to consent

Customer
They would object & would not concentrate unfortunately
Customer
Concent
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Chris The Lawyer, Expert

You could apply to court to see if you could force the issue, but that would have some risk in that you may not persuade the court, because of the disadvantage to the neighbour caused by the additional traffic

Customer
If a traffic/planning/engineering report was done to suggest otherwise, as in the row could handle more traffic without inconvenience or disruption? Could it then be overturned
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Chris The Lawyer, Expert

You could try, although there would be no guarantee of success

Customer
could my neighbor potentially stop any development on this site, other than one dwelling as is currently here
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Chris The Lawyer, Expert

Yes

Customer
Thank you
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Chris The Lawyer, Expert

I can only give a more general view. To get a definitive answer I suggest you see you usual property lawyer and get a full opinion

Customer
Sorry mistake
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Chris The Lawyer, Expert

I hope this has been a good start for you

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