Cost of easement

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6 years 9 months ago #534750 by GBpeter
Cost of easement was created by GBpeter
Apparently my access drive cuts across a tip of my neighbours property (a triangle 3m x 18m). He is happy to agree a legal easement. The alternative is to bend my drive a bit and do 25m of new fence.

Anyone have any experience of the legal costs of an easement?

Peter

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6 years 9 months ago #534772 by tonybaker
Replied by tonybaker on topic Cost of easement
for the sake of 25m of fence, I would alter the drive! You will have seen heaps of posts on here about easement disputes so by altering the drive you have peace of mind. For an easement you need a lawyer and a surveyor, not cheap! If you get involved with council you will awaken the sleeping giant and have to upgrade your driveway entrance.

5 acres, Ferguson 35X and implements, Hanmay pto shredder, BMW Z3, Countax ride on mower, chooks, Dorper and Wiltshire sheep. Bosky wood burning central heating stove and radiators. Retro caravan. Growing our own food and preserving it. Small vineyard, crap wine. :)

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6 years 9 months ago #534773 by Follyfootfarm
Replied by Follyfootfarm on topic Cost of easement
I second that from tonybaker. As someone who has had extreme stress over an easement giving right of way i would say change the driveway!

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6 years 9 months ago #534774 by WillNZ
Replied by WillNZ on topic Cost of easement
My first hand experiences with easements/surveyors/council/LINZ etc supports the 2 views above to rather move your fence!!

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6 years 9 months ago #534778 by hilldweller
Replied by hilldweller on topic Cost of easement
Another option, if your neighbour is agreeable, might be a boundary adjustment. Probably worth getting some legal advice on the pros and cons of the various options including, presumably, leaving things as they are.

hilldweller

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6 years 9 months ago #534785 by LongRidge
Replied by LongRidge on topic Cost of easement
This would be by far the best arrangement if your neighbour is agreeable. To him, his land that you use has no value, but to you it is probably worth $20,000 per hectare, so if you pay him half of that, that would be about $2700 for the neighbour, and about $1000 for the survey and paperwork at LINZ.

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6 years 9 months ago #534791 by Jaybee
Replied by Jaybee on topic Cost of easement
If you can keep a good driveway by shifting it to the correct boundary, I think that is a good plan.

With an easement or boundary adjustment you are up for thousands in surveying, lawyer and council fees. (I know, we've done it). If you do go down that route, buying a little bit of land and doing a boundary adjustment is much better than an easement, they can cause a lot of conflict.

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6 years 9 months ago #534793 by Jaybee
Replied by Jaybee on topic Cost of easement
Adding to my previous reply - I've just been ferreting around trying to find the invoices from when we did the boundary readjustment (it was 2011). I found one bill from the surveyor (which I think included Council charges), it was $5600 for a half share of the cost!

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6 years 9 months ago #534796 by max2
Replied by max2 on topic Cost of easement
Ah the timing..... there is an infringement on a registered RoW we use and you would think we were the worst in the world for asking for the issue not to occur again. Some people just cannot help continually having a dig at others.

Stay independent and shift your fence is my vote (or do a boundary adjustment).

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6 years 9 months ago #534837 by max2
Replied by max2 on topic Cost of easement
Totally OTT but I will mention an update in case good relationships/neighbours change.... if a neighbour (or yourself) infringes on a RoW/Easement the District Council (or at least ours) will not enter into the situation.

They refer the caller to a citizens advice bureau...

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6 years 9 months ago #534864 by GBpeter
Replied by GBpeter on topic Cost of easement
Thanks all

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6 years 9 months ago #534866 by Hawkspur
Replied by Hawkspur on topic Cost of easement

max2 wrote: Totally OTT but I will mention an update in case good relationships/neighbours change.... if a neighbour (or yourself) infringes on a RoW/Easement the District Council (or at least ours) will not enter into the situation.

They refer the caller to a citizens advice bureau...


I can't see why would you expect a Council to get involved.

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6 years 9 months ago - 6 years 9 months ago #534869 by max2
Replied by max2 on topic Cost of easement

Hawkspur wrote:

max2 wrote: Totally OTT but I will mention an update in case good relationships/neighbours change.... if a neighbour (or yourself) infringes on a RoW/Easement the District Council (or at least ours) will not enter into the situation.

They refer the caller to a citizens advice bureau...


I can't see why would you expect a Council to get involved.


Assumed as they charge a annual fee based on our property valuations and used to provide various services, that might be one of them, ie reminding of formal boundaries etc. If you want to pull a house down, you have to apply to council, if you want to build a house, you have to apply to council. etc etc Courts should be only a last resort.
Last edit: 6 years 9 months ago by max2.

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6 years 9 months ago #534872 by Mudlerk
Replied by Mudlerk on topic Cost of easement
Surely an easement is part of a land title? Councils have no jurisdiction over land titles.

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6 years 9 months ago #534873 by Hawkspur
Replied by Hawkspur on topic Cost of easement

max2 wrote: Assumed as they charge a annual fee based on our property valuations and used to provide various services, that might be one of them, ie reminding of formal boundaries etc. If you want to pull a house down, you have to apply to council, if you want to build a house, you have to apply to council. etc etc Courts should be only a last resort.


Ah, I see how you have linked the two, but the local government is the designated assessor for Building Consents and Resource Consents (designated by the national government) and therefore has to check those things are done according to the Resource Management and Building Acts and therefore within the property's legal boundaries.
That isn't the same as having a role in a legal agreement between two landowners, which is what the easements are.
The following user(s) said Thank You: max2

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