Neighbours new tenant want a fence installed across a shared driveway but we do not

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eph

179 posts

Master Geek

# 2122844 9-Nov-2018 16:16

mattwnz:

eph:

I don't think they can put up a gate blocking the shared driveway without your consent. You own 50% of the lease so you would both have to agree to do this. Check the lease conditions.

Their argument also doesn't make any sense - there is no road on "your" part of the driveway they want to block off?? They are restricting the play area of their kids.

"If you own a cross-leased property, the driveway you share with the other owners on the cross-lease will be called a “common area”. The use of the common area is governed under the cross-lease so you should check the terms of that. Usually the owners must not obstruct the common area in any way."

I am guessing the house to the right is the neighbours, and the road is on the right. It looks like the neighbours front garden is fenced, but the back garden isn't, as it looks like it has a shared garage and shared driveway down the side to the main road. So I am assuming the neighbours want their child to play on the concrete shared driveway area which is open to the road?

Ah ok, I thought that mmmhmhm meant that there is already gate at the road end of the driveway. If not then the neighbours would need another gate there...

mmmhmhm

4 posts

Wannabe Geek

# 2122850 9-Nov-2018 16:22

@mattwnz

- yes it is our house is on the left. We have 2 garages and she has 1 that are attached. The road is to the right their rental, and yes their front section is fenced but it is a short fence.

@Antonios K -no the gate will be attached to their house not ours.

@Surfisup1000 - We have a child ourselves so we also know that you cannot keep an eye on them 24/7. Im just not sure a temporary fence would ever come down, and she knew that her child had a tendency to run away when stressed yet still she choose a rental property that was not fully adequately fenced, and now wants to change this less than 6 months of being in this rental.

andrewNZ

2138 posts

Uber Geek

# 2122896 9-Nov-2018 17:38

4 people support this post

I'd just say no. It would be a PITA and it would never come down.

That and they appear to have a front yard that is perfectly adequate for play.
Encouraging children to play on the driveway is a disastrous idea. That's how children die.

Edit to add: if it matters, I am a parent.

Location: Dunedin

Aredwood

3885 posts

Uber Geek

Subscriber

# 2122905 9-Nov-2018 18:18

Tell the tenant and landlord to upgrade the fence between the driveway and their front yard. It sounds like that kid is still quite young, and definitely shouldn't be on a driveway if they don't yet have any road sense. It seems that that tenant is too lazy to supervise their kid properly.

I definitely won't want a gate. As couriers won't want to open it when making deliveries, as they will be worried that there might be a dog running loose on your property.

If you haven't already done so, do a full title search on your property. And read over your cross lease documents. There is no standard set of terms, so you have to read them if you want more specific advice. Contact Land Information NZ to get a copy. It costs $10 or so.

mattwnz

15271 posts

Uber Geek

# 2122919 9-Nov-2018 19:07

I have a big gate and generally haven't had problems with couriers coming through it. The odd one couldn't work out how the latch worked, but that was about it. I think if people have dogs, they should really put some warning sign on the gate, if it is being used to contain them. IMO kids on driveway tough, and around garages isn't the best good idea. Cars backing out of garages is a common, and is not the place for kids to be playing. I remember a TV ad they used to play showing a kid getting run over by a car backing out, so I think it is a potentially health and safety hazard. They seem to have a big front garden to play in anyway.

mmmhmhm

4 posts

Wannabe Geek

# 2122922 9-Nov-2018 19:22

The thing would be delivery guys would need to go through two gates to get to our place if the new gate the tenant wants was to be put in.
I don't want to open the gate that goes into our property as this young child has a tenancy to pull out flowers and trample through the garden that is in the common area of the cross lease.

gbwelly

863 posts

Ultimate Geek

Subscriber

# 2122930 9-Nov-2018 19:32

I would say no, and justify it by saying you do not want the burden of being responsible for anything happening should you forget to close it.

Kickinbac

254 posts

Ultimate Geek

# 2123581 11-Nov-2018 15:51

2 people support this post

Ask them to provide an automatic gate opener and pay for the maintenance so that you are not inconvienienced. The cost of that will scare them off.
Young kids shouldn’t play in shared driveways, tell them to take their kid to a park or supervise them.

richms

22737 posts

Uber Geek

Trusted

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# 2123588 11-Nov-2018 16:23

2 people support this post

I would be objecting as you do not see that the shared area is a play area and that you do not want access to your property restricted in any way at all, and that if they install a gate you will be removing it and sending them the bill for the removal.

Richard rich.ms

Handsomedan

2282 posts

Uber Geek

Subscriber

# 2123904 12-Nov-2018 08:54

richms:

I would be objecting as you do not see that the shared area is a play area and that you do not want access to your property restricted in any way at all, and that if they install a gate you will be removing it and sending them the bill for the removal.

This.

I live in a cross-lease property and to be honest, it's usually all good. We had boundary fences put up at our place a few years ago and it was only then that we found out the neighbour used to use out garden as a right of way when we weren't home (we live next to a large reserve of native bush).

She was using the bush as a dumping ground for her lawn and garden clippings. She got a bit miffed, but got over it. Thankfully, we didn't have to consult her as the boundary fencing only bordered our exclusive use zone.

I'd be loathe to have anyone hamper my access to a property that I own...especially in the situation that you are in. I'd simply say no and give the reasons above as your rationale. They can't do a thing. It's a cross-lease (but the tenants may not understand that, so you might also have to explain how that works).

The main thing to remember is to be polite and factual - take any emotion out of it as that is where it will all fall down...emotion.

Handsome Dan Has Spoken.

gehenna

5848 posts

Uber Geek

Moderator

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Lifetime subscriber

# 2123906 12-Nov-2018 08:56

3 people support this post

Why don't your neighbours try doing some actual parenting instead?

Wheelbarrow01

945 posts

Ultimate Geek

Trusted

Chorus

# 2123921 12-Nov-2018 09:22

3 people support this post

I agree that a shared driveway is not an appropriate play area for a child. It's only a matter of time before the child leaves their bike lying on the driveway (as they tend to do), and you reverse over it - which of course the neighbour will blame you for. Of course that is not as bad as driving over the child which is also a possibility if they see the driveway as a play area. And why should you be inconvenienced by having to open and close an unnecessary 2nd gate every time you want to go out?

The neighbour has a decent sized yard for their own exclusive use - this is the area they should be securing for their child's use. Either that or they need to go and find a more suitable property.

As others have said, they can't install a gate on a shared accessway without your permission, so just withhold your consent and the issue will eventually go away.

Kickinbac

254 posts

Ultimate Geek

# 2124348 12-Nov-2018 18:32

Reminds me of this article I read a couple of weeks ago in the NZ Herald about cross leased properies.
http://nzh.tw/12138714j

Edit = making url link work. I’m not a great geek.

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