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4 posts

Wannabe Geek


Topic # 242690 9-Nov-2018 15:33
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Hi, our neighbours new tenant wants a fence installed across the shared driveway (the red line). 
They want it placed there to stop their child from running away and also to give her some space to play on her bike safety away from the road. They also want it to be approx 1.5m in height, light and easily swings on one axis. Due to this we believe that it is only a matter of time before the child learns how to unlock this gate and therefore they will request to place a lock on the gate. Note that the property they are renting is fenced out the front but it is only approx 1m high and the child can easily climb over this. 
We own the back half of the property by the way of a cross lease fee simple. Due to my partners work commitments (shift work) we believe that this new fence is more of a hassle for us than a benefit.
Is there a way that we can stop this fence from going ahead?  
Would we have to pay half for this gate seeing as it is over a shared driveway (we cannot afford this)?. 


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Ultimate Geek
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  Reply # 2122805 9-Nov-2018 15:39
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You're on a cross lease. My understanding is that your neighbour can't do anything without your consent. 


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  Reply # 2122808 9-Nov-2018 15:42
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Just say no and that is the end of it

John




Ex JohnR VodafoneNZ 17 years 4 days

 
 
 
 


eph

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Master Geek
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  Reply # 2122809 9-Nov-2018 15:42
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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."


eph

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Master Geek
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  Reply # 2122817 9-Nov-2018 15:46
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Btw. you are talking about the tenant. They've got no right to do anything without the owner's consent... Does the owner even know about this?


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  Reply # 2122818 9-Nov-2018 15:47
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Cross-lease 
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, so parking on a common area may be a breach of the terms of the cross-lease.

 

If you do not want the fence to be placed then simply tell them "sorry, I do not need to have that inconvenience blocking our common area"





 


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Uber Geek
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  Reply # 2122822 9-Nov-2018 15:57
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You maybe best to talk to the CAB. 




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Wannabe Geek


  Reply # 2122824 9-Nov-2018 15:58
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The owner knows about this as the neighbour has spoken to him. The owner does not really spend much on this property, however since the neighbour has said that they would pay for this gate he is very open to the idea (due to it being no cost to himself). The owner has yet to speak to us about it and also does not live in this country, which restricts things a bit. 


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Uber Geek
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  Reply # 2122825 9-Nov-2018 16:01
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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?


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  Reply # 2122826 9-Nov-2018 16:01
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mmmhmhm:

 

Is there a way that we can stop this fence from going ahead?  
Would we have to pay half for this gate seeing as it is over a shared driveway (we cannot afford this)?. 

 

 

1) You have a cross lease so they can't legally do anything on the common property with out joint consent...

 

2) The Fencing act ( which is pretty much the only thing they could use to make you pay) only talks about fencing "boundaries"- you don't have a boundary with the front house as its a cross lease and all one title.... 


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  Reply # 2122827 9-Nov-2018 16:01
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mmmhmhm:

 

The owner knows about this as the neighbour has spoken to him. The owner does not really spend much on this property, however since the neighbour has said that they would pay for this gate he is very open to the idea (due to it being no cost to himself). The owner has yet to speak to us about it and also does not live in this country, which restricts things a bit. 

 

 

So the issue is they wish to attach a gate at the narrowest part of the road, which is your house I presume?





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Antonios K

 

 

 

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  Reply # 2122828 9-Nov-2018 16:01
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mmmhmhm:

 

The owner knows about this as the neighbour has spoken to him. The owner does not really spend much on this property, however since the neighbour has said that they would pay for this gate he is very open to the idea (due to it being no cost to himself). The owner has yet to speak to us about it and also does not live in this country, which restricts things a bit. 

 

 

Given that, You would be best to go over and see the neighbor and just tell them that the gate is not a solution to his problem and that you wish them well on their endeavor to control their children. Let the landlord know in wiritng you will not have a gate restrict your driveway.

 

 

 

If you see a gate take it down and go sell it for scrap.





 


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  Reply # 2122832 9-Nov-2018 16:03
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mattwnz:

 

You maybe best to talk to the CAB. 

 

 

Cross lease issues are civil, (or often uncivil), you either work it out or go to court etc.. there aren't many/any rules about it...


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Uber Geek
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  Reply # 2122834 9-Nov-2018 16:05
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If it is an automated gate and the neighbour is paying for it, and you get some wireless controls, potentially it could be a benefit for you in terms of security and safety with children playing in the common area. These sorts of things can usually be sorted by good communications and common sense. 


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Wannabe Geek
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  Reply # 2122837 9-Nov-2018 16:09
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Just get them to keep it open when the kids not playing on it, 99% of the time it wont be a problem. 

 

If you say no, they may resort to parking their car in the way as a physical barrier, which will be more of a pain for you to get moved than opening a gate.

 

 

 

 

 

 


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Uber Geek
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  Reply # 2122838 9-Nov-2018 16:10
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Could you live with a temporary fence? If they agree to have it up for a year perhaps.  

 

Anyone how has had kids know that you cannot keep eyes on 24 7. 

 

People who say 'control your children' bug me, like children follow all orders and never misbehave!

 

 


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