Good lawyer for Right of Way easement dispute?

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12 years 2 months ago #31009 by notaclue
Does anyone know a good lawyer, preferably near Chch, who specialises in easement disputes (specifically Right of Way)? Would appreciate any recommendations.
Thanks.

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12 years 2 months ago #417678 by LongRidge
What problem do you have? I lease a block with a right of vehicle access through it, and the ROW owners think, or at least tried to make me think, that I cannot close the gates and graze my cows on my lease and their ROW. If I locked their gate then that would be my fault, but by just closing their gates I consider that I am not obstructing their right of way. We have come to an arrangement .... At another block, the ROW users threatened to leave the gate open onto the main road if I had it closed to graze my cattle. They were told in no uncertain terms that if they allowed my cattle to escape onto the road, then they would be liable for any accident. Another aquaintance put logs across the ROW that passed through their property, to slow the other users down, That went to court and the judge mentioned something to the effect that the other ROW users had a right to enjoyment.
Lawyers want to get as much money out of you, so there is no "good" lawyer - they are all making money out of others misfortune. So you are likely to get no solution if you use a lawyer. Try to work it out with the other party before you give a lawyer lots of money.

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12 years 2 months ago #417681 by Stikkibeek
Take your paperwork to a lawyer at Citizen's Advice bureau. You might need to make an appointment, but it should be free. Any lawyer worth his salt should be able to tell you what your easement means. Then, after that, if you find it's too complex to find common ground with your neighbour, you at least can take it further if need be, better informed than you are now.

Did you know, that what you thought I said, was not what I meant :S

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12 years 2 months ago #417704 by notaclue
Thanks for suggestions so far. I don't want to say too much about the particular circumstances as I fear that neighbour may also be active on this forum. Negotiation is not an option as we have reached agreement before and neighbour just refuses to do what he agreed 10 minutes beforehand so we need to take the legal route. As mentioned, I don't want to go into specifics but it is a complicated case hence the reason why I want to get someone with specialist knowledge of the subject.

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12 years 2 months ago #417731 by Jen - Featherston
Sorry OP I dont have any help for you, but LR I would consider it extremely rude and inconsiderate to find someone grazing a ROW without my agreement and would certainly in return not do so without getting approval from all that used it. It is a PITA to have to open and close gates, and a PITA to drive through stock. I was sure that every ROW user has the right to unimpeded access to their site, which would mean not having to navigate cows to get there, are you sure that you are legally allowed to graze it. I also thought that a ROW was supposed to be fenced on both sides, but perhaps I am wrong on that.

Sometimes its not only what you say, its the way you say it that counts.

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12 years 2 months ago #417753 by igor
I think you are wrong Jen. I must agree with LR here. A right-of-way is not a right of exclusive use but a right to pass through on the way to somewhere else. An unlocked gate is not an impediment to passage.
The first rule of the country always applies with regard to any gates. Leave them as you found them. Anyone who does not understand this rule needs to gain understanding fast or move back to town.

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12 years 2 months ago #417754 by Hawkspur
A "right of way", is just that, and the legal position is a balance between the landowner getting full use of their land and the one with access rights getting reasonable access, so no, there are not usually any fencing requirements, and yes it can be grazed, and gates are are reasonable way to achieve this. Albeit somewhat inconvenient, but not unreasonable to achieve the access and the grazing.
After all, a lot of people cope with gates where their own stock are concerned.

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12 years 2 months ago #417783 by poaka
Tell me this we have a race along the inside of the boundary fence to access the bottom paddocks we also allow the neighbour to use it as he put a worker house in the paddock over the fence.Relations haven't been the greatest the last couple of years but we still let the worker use the race.Would they have any legal rights to claim R.O.W as we have traditionally allowed them through ?

Statistically, 6 out of 7 dwarves are not Happy. [:)]

3 Beef Roasts and Mince
40 Chicken Roasts and Omelettes
25 Pigeon Pies left after Falcon dined out,. 5 pheasants
plus 3 pig dogs

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12 years 2 months ago #417786 by muri
An easement is legally recorded on a title.
Allowing your neighbour to use your drive is not an easement, it is an agreement
My neighbour uses my drive but has no legal right to do so.
When he threatened me because I was removing the agapanthus out of the drive, I spoke to my lawyer
My lawyer deals with house/title issues only so is clued up in this area
Use gives you no legal rights of ownership.
Use can be given or taken away at any time by you Poaka.
The minute you give your neighbour an easement over your land, you lose the right to decide who can use that piece of land. Use in this case meaning rights of access

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12 years 2 months ago #417788 by Stikkibeek
notaclue, you can still see a lawyer in CAB. They should be able to point you in the direction of a skilled lawyer in the area you need. One thing you should be aware of is to make sure the lawyer you see does not also represent the other party. He should declare a conflict of interest, but may not be obliged to do so unless you ask first.

Did you know, that what you thought I said, was not what I meant :S

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12 years 2 months ago #418049 by poaka
Thank you Muri.. sounds good to me :)

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3 Beef Roasts and Mince
40 Chicken Roasts and Omelettes
25 Pigeon Pies left after Falcon dined out,. 5 pheasants
plus 3 pig dogs

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12 years 2 months ago #418058 by LongRidge
Ahhh, you must be the person who alleged that our goats damaged her garden. They may have, but the photo supplied was taken on the road, not in your garden. It was also taken on a different day than the alleged damage. So the goats that you saw in your garden could have been any of five of your neighbours, because you did not get a photo of any identification.
The law requires that if you see a hazard on the road, then you are legally obligated to remove the hazard or get someone to do this. As your gate was open, then you satisfied that part of your obligations ..... but you did not shut them in. If you had called Animal Control, they would have shut them into the nearest property that had their gate open.
In the 20 years that we have been here, I have rescued many animals from the road, and put them into my property while I found the owner. This includes your present husbands dog, and your husbands previous wife's sheep. I have done this in my time and at my expence. Thus I have set a precident, and can understand how you might consider that every escaped animal is ours. Sometimes they are, but usually they are not. I suggest that you keep your road gate tightly shut, because from now on I'm going to direct any stray animals to the nearest open gate that they want to walk through.
I understand that our insurance company has paid you for the damage, from our Public Liability insurance.

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12 years 2 months ago #418061 by stripey
Aehmm, Notaclue is looking for a lawyer near Chch, LR is Nelson area. Am I missing something here?

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12 years 2 months ago #418143 by Jen - Featherston
so what happens if a persons house burns down because a fire truck cannot access the house in time due to stock being in the way? If people die in the fire?

Pretty sure you must have unimpeded access to your property via ROW at all times, if the stock are not yours, then you have no control over this.

Sometimes its not only what you say, its the way you say it that counts.

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12 years 2 months ago #418145 by Kiwi303
A shut but unlocked gate does not impede access, now if it was shut and locked, either by padlock or other means, that is an impedence.

How many farms or rural blocks have stock on their access tracks, even when such tracks are for their sole use, not ROWs.

A ROW provides a legal right to transit across the area, NOT for said transiting to be the sole use of it.

You Live and Learn, or you don't Live Long -anon

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