Shared drive consent - originally wasnt a shared drive

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xpd

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#173576 28-May-2015 10:22

Looking to get my parents onto fiber with their ISP, which they seem relatively happy to do but have a question about shared driveway consent etc....

They are down a right of way, which was originally 2 separately maintained driveways, but then through a joint agreement with the neighbor, they had the driveways replaced with a single "slab" of concrete, effectively making it a double lane driveway.

To run a cable from the road to my folks is easy as there is a strip (approx 2ft wide) of soil which (using common sense) could be dug up with no hassles, and only part of the concrete in front of the garage that would have to potentially be dug up is firmly on my parents property.

Would consent still be required from the neighbors sharing the driveway ? I'd assume not as legally it is two separate drives etc and an install wouldnt interfere with the neighbor at all.... but after seeing some horror stories etc about shared drive consents etc.... yeah well....

(Just to clarify, driveway is "shared" between 99 and 101)

TIA

Gavin / xpd / FastRaccoon / Geek of Coastguard New Zealand

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Amosnz

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#1313314 28-May-2015 10:36

I was in a similar situation, legally each property has its own driveway but there is no fence between them (the 2nd property was never built on so is only vacant land).

After a bit of back and forth UFF agreed to send out their MDU designer to look at it before requiring me to get consent from the other property owner (who clearly doesn't live there).
When he turned up (which took longer due to scheduling around other MDU installs) he said there was no problem and he should never have been told to come out.

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andrew027

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#1313393 28-May-2015 12:02

The certificate of title for your parents' property should state whether it is listed as a cross lease or access lot, or whether there is an easement noted for the space the driveway occupies. It may be that an easement was created when the two parties agreed to create the shared concrete strip, but whether it was formally noted on the title is another matter.

If there is, you will need your neighbour's consent. If there isn't, you're good to go, so long as you're digging on your side of the boundary line, which I assume runs up the middle (or close to it) of the drive.

Chorusnz

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#1313398 28-May-2015 12:07

From a Chorus perspective:

Consent requirements are governed by the legal title not the cosmetic appearance.

If you order a UFB service via your ISP, the legal consenting requirements for the particular site will be assessed, and you will be advised whose consent is required.

^GL

xpd

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#1313432 28-May-2015 12:48

Thanks, dont believe there was any legal agreements etc so therefore not mentioned on the title. I was only about 10 at the time it was done though, so maybe there was and I was too busy watching the diggers etc to be worried about paperwork ;)

Will check with the folks anyway.

Gavin / xpd / FastRaccoon / Geek of Coastguard New Zealand

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