Cost of easement

6 years 9 months ago - 6 years 9 months ago #534881 by max2
Replied by max2 on topic Cost of easement

Hawkspur wrote:

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.

Yes a bit of a grey area really, as you mentioned applications for resource consents to sub divide go to the district council and they in turn upon approval initiate any work order that needs to be done before the subdivision may proceed. Therefore the original records and rulings live with them and they should in the first instance, be (IMO) the first point of contact when in doubt. Failing that or if one rule breaches another, then I could see it heading to Court for a ruling.

So much trouble could be simply avoided if District Councils looked at an initial complaint (say infringement) and write to the other party if found in breach of an approved consent.

But anyhow you know what I mean, it just doesn't appear to work how I think it should.... :whistle: :whistle:
Last edit: 6 years 9 months ago by max2.

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6 years 9 months ago #534890 by Hawkspur
Replied by Hawkspur on topic Cost of easement
But the Councils would incur legal problems by trying to take part where they have no jurisdiction.

It isn't a grey area. The role the Council has regarding subdivisions is set by the Resource Management Act. They simply can't decide to widen their powers to the issues outside that.
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