Good lawyer for Right of Way easement dispute?

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12 years 3 weeks ago #418152 by muri
Any lawyer should be able to sort what applies and what is allowed, a specialist is not required.
My understanding of easements is they stipulate rights of use for movement but grazing is not implied in usage

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12 years 3 weeks ago #418171 by igor
Jen, firemen know how to open gates. Even if they are locked the delay is minimal because they carry tools on the trucks with which to beak locks etc very quickly.

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12 years 3 weeks ago #418197 by TandS
Jen, most of our drive is a ROW over someone else's block. The block in question was only recently subdivided and still not fenced off from the main farm, and the ROW has no fencing either. The farmer continues to graze sheep or cattle on it to keep the grass down till the new owner is ready to build. We have to open and close a gate at either end of the ROW whenever we want to go anywhere. It is a big PITA but I'm pretty sure it's legal (wish it weren't though!).

5 acres, southdownXromneys (3 ewes, a wether & a ewe lamb, 1 hogget for xmas dinner), boerXkikos (2 does and their wether and doe kids), silkies (black pullet, gold hen, white roo), light sussex (hen, pullet, cockerel), muscovies (2 blue/gray hens, a black and white drake, a couple of ducklings with...

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12 years 3 weeks ago #418198 by Cinsara
Jen many people have sturdy electronic gates which keep everyone out so I'm not sure what the deal is with access there.

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Save the Earth... it's the only planet with chocolate!

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12 years 3 weeks ago #418201 by Jen - Featherston
Playing devils advocate here, what about osh? could you graze your 3yo bulls on the right of way? would you want to get out of your car to open and close gates with 3yo Frisian bulls!! Would it be safe? what would happen if the user of the ROW was injured on your property because they had to get out of their car to open the gate to access their property with a hazard such as bulls on the ROW?

Is there a limit to the number of stock that can be grazed on a ROW? if the stock grazing was so dense that it was difficult to get passed how does that stack up?

If the rams grazing in the ROW barge the gate as the user is trying to get through and spill out onto the road who's fault is that? If the Rams flatten the user of the ROW and spill out who's fault is that?

If the stock damage the users car as they legally drive through the ROW is the owner of the stock liable for repairs?

If the user of the ROW has a whole weekend party and has 50 vehicles driving up and down the ROW each day, and this stresses pregnant ewes to slip who is responsible?

If the user of the ROW drives quickly down the ROW and frightens the stock though or over fences who's responsibility is that?

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

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12 years 3 weeks ago #418202 by Denneaux

Cinsara;415129 wrote: Jen many people have sturdy electronic gates which keep everyone out so I'm not sure what the deal is with access there.

Firemen do what they have to do to get in and your insurance company covers the damage. Really no different from the damage they do to your house and belongings putting the fire out...speaking from experience.

If its a medical emergency, then you would probably have to foot the bill yourself. Really no different to if you were too sick to come to the door to let them in and the ambos smashed the door down to get to you. Only if you were able to ring the ambulance you could probably also tell them the gate code!

Unless stated, the above post is not meant as criticism.

Go back and read it again in your HAPPY voice!

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12 years 3 weeks ago #418213 by Vanaheim
inlaws farm has row which has 3 locks on the gate, one for each user. pita? maybe but you live in the country.

Bræðr munu berjask ok at bönum verðask,
munu systrungar sifjum spilla;
hart er í heimi, hórdómr mikill,
skeggöld, skalmöld, skildir ro klofnir,
vindöld, vargöld, áðr veröld steypisk;
mun engi maðr öðrum þyrma.

Brothers shall fight | and fell each other,
And sisters' sons | shall...

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12 years 3 weeks ago #418214 by Simkin

Jen - Featherston;415132 wrote: Playing devils advocate here, what about osh? could you graze your 3yo bulls on the right of way? would you want to get out of your car to open and close gates with 3yo Frisian bulls!! Would it be safe? what would happen if the user of the ROW was injured on your property because they had to get out of their car to open the gate to access their property with a hazard such as bulls on the ROW?

Is there a limit to the number of stock that can be grazed on a ROW? if the stock grazing was so dense that it was difficult to get passed how does that stack up?

If the rams grazing in the ROW barge the gate as the user is trying to get through and spill out onto the road who's fault is that? If the Rams flatten the user of the ROW and spill out who's fault is that?

If the stock damage the users car as they legally drive through the ROW is the owner of the stock liable for repairs?

If the user of the ROW has a whole weekend party and has 50 vehicles driving up and down the ROW each day, and this stresses pregnant ewes to slip who is responsible?

If the user of the ROW drives quickly down the ROW and frightens the stock though or over fences who's responsibility is that?

If you are concerned about these things DON'T buy a property that is only accessible via ROW.

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12 years 3 weeks ago #418358 by Cinsara

Vanaheim;415145 wrote: inlaws farm has row which has 3 locks on the gate, one for each user.

So how would that work? Two people are out and have locked their padlock and the 3rd person comes home and can't get in? Do they all have each others keys and if so what's the point in 3 locks or am I being particularly thick which wouldn't be the first time [:I]

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Save the Earth... it's the only planet with chocolate!

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12 years 3 weeks ago #418361 by Jen - Featherston
if its like my old grazing Cinsara, all three padlocks are locked to each other sort of forming the chain, so when one is unlocked, the chain is unlocked. :)

Just thought it would be an interesting subject to chat about - but killed the thread LOL

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

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12 years 3 weeks ago #418401 by igor
The three locks thing seems quite common. The lighthouse access road near here has a similar arrangement. Saves having to coordinate keys with multiple users.

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12 years 3 weeks ago #418414 by notaclue

LongRidge;414978 wrote: 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.

I would love to have a property that stretched from here to Nelson so I could be your neighbour but unfortunately that is not the case. :)

It has made interesting reading to see what issues other people have had with RoW easements, yet noone seems to have come across a lawyer who specialises in the area. I will try the CAB but would still love to get any personal recommendations.

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12 years 3 weeks ago #418416 by kalnetta
I am sure that any legal company will have someone that knows about these things .You could always try Harmans in Papanui,there is parking around the back in Belvue ave.

View Hill Oxford ,23 ewes 2 lambs ,1 ram,, 1cat,the 2 of us,6 granddaughters,one grandson,2 surrogate granddaughters and one step grandson,poor boy.

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12 years 3 weeks ago #418417 by oskatd
I could recommend one, but here in Tauranga. I would suggest finding out who the Lawyer is that your local council uses, they will have a property lawyer who will be well versed in ROW scenarios. Any medium to large firm should have specialists.

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12 years 3 weeks ago #418483 by LongRidge
In my experience, lawyers know extremely little about ROWs, but will charge you as though they are experts. If they do know more than I suspect then they must be trying to keep the law system in work by not solving the ROW issues that come up. As an example of my cynism, a local got a lawyer to represent them when they were obviously hugely in the wrong, which after the court case the judge also decided. If their lawyer had been honest, he would have told them to stop being stupid and start being neighbourly, and then said his charge was $1000 per hour if he represented them ..... :-(
In Christchurch, I suggest that you phone Federated Farmers and ask if they know someone.

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