Right of Entry for wastewater extension

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t0ny

393 posts

Ultimate Geek

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#306539 1-Aug-2023 21:17

Hey, checking if someone has been in a similar situation :) I need right of entry permission to extend waste water connection to the council manhole that is in my neighbours property. I have politely asked the neighbour however, he is not returning any of my emails and if i call him, he always says he is busy.

Any suggestions what i can do next? This is in Auckland btw.

Journeyman

1180 posts

Uber Geek

#3110819 1-Aug-2023 21:37

Knock on his door.

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Stu1

1706 posts

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#3110824 1-Aug-2023 21:49

Wouldn’t you apply via the council with the drainage plans?

t0ny

393 posts

Ultimate Geek

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#3110829 1-Aug-2023 22:03

Knocked on the door but owner has moved to Australia.

@Stu1 I have been told you have to apply for mediation ($$) with council if neighbour doesn’t give permission. Council route probably is the more expensive way

t0ny

393 posts

Ultimate Geek

Lifetime subscriber

#3110830 1-Aug-2023 22:04

Also, to do drainage plans, engineer wants to open manhole at neighbours to check stuff which he can’t do if he doesn’t have right of entry

weasel13

35 posts

Geek

#3110857 2-Aug-2023 07:04

You don't need the property owners consent to enter the property and do those checks. You can get that consent from the tenant who resides there.
You may possibly need his consent though to eventually do the work on the property though.

danfaulknor

928 posts

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Prodigi

#3110860 2-Aug-2023 07:36

No easement? My parents have a drainage manhole on their property and it came with an easement allowing access for maintenance and connections when they bought it, no consent required

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elpenguino

3359 posts

Uber Geek

#3110865 2-Aug-2023 08:21

If there's an easement, it will show on his property title.

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t0ny

393 posts

Ultimate Geek

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#3110960 2-Aug-2023 11:06

The only easement i could find was between the two lots the neighbour sits on. Looking at council info sheet, it states that easements are not necessary for council to access public services that sit on your land. The tenant who resides there doesn't speak english so makes things bit harder. I guess only option is to keep hounding the neighbour until i get a response or he blocks me :)

outdoorsnz

669 posts

Ultimate Geek

#3110971 2-Aug-2023 11:29

danfaulknor:

No easement? My parents have a drainage manhole on their property and it came with an easement allowing access for maintenance and connections when they bought it, no consent required

You'd need to check the title to see if there is an existing easement for services. Also you could do a council property search to see what documents they have on file. I owned a property once that had I think was called a way leave, which is a signed document / letter giving permission in my case drainage. Otherwise the council is going to make you go through hoops at your cost.