Shared Driveway Consenting Nightmare

Forums › New Zealand Broadband › Shared Driveway Consenting Nightmare - please help!

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Mad Scientist
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#1256854 12-Mar-2015 09:49

If I were him I'd just express interest on behalf so maybe then consent is deemed given.

askelon

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#1256938 12-Mar-2015 11:20

Wait till you have a shared driveway for 9 properties and of which 6 are rented and the landlords nowhere to be found......

linw

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#1256944 12-Mar-2015 11:24

askelon: Wait till you have a shared driveway for 9 properties and of which 6 are rented and the landlords nowhere to be found......

That sounds pretty gut wrenching.

Wow I am glad my house fronted the street with no shared land when I got my UFB installed.

richms

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#1256951 12-Mar-2015 11:26

Friend has a neighbour who blocked someone else from getting it because "they are opposed to the internet, its ruining everything"

Richard rich.ms

WagtheDog

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#1256955 12-Mar-2015 11:31

It has been refreshing and cathartic to see that I am not alone in this issue.

Both neighbours are on the street front, so my consent isn't required, as the jointly owned driveway will not need to be accessed.

All I ask is that Chorus consider having their scoper come to inspect the property and discuss with me all possible options. From best to worse.
The fact that they won't allow this to happen without consent is ridiculous as Chorus legal have informed both me & the other parties that they can withdraw their consent AFTER inspection has taken place.

Surely having the inspection and then me going back to the neighbours to get their INFORMED consent makes much more sense.
Oh that's right - Chorus seems to be void of common sense.

One of neighbours is very nervous as they know one of the homeowners farther up the street who arrived home to find they pristine lawn & expensively landscaped garden completely obliterated by the Chorus installers and they are terrified that this will happen to the driveway.

I'd like to be able to reassure them - but I can't because the inspection won't take place without their consent.

Chorus - You DO NOT need a consent for an inspection. That's all I am asking. I don't bite, honest!

NonprayingMantis

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#1256978 12-Mar-2015 11:44

It's threads like this that make me glad I own my own property totally freehold, with no shared driveway or anything like that.

Unfortunately I won't be getting UFB rolled out to me until 2019.....

thecripplernz

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#1257034 12-Mar-2015 12:27

I have access to fibre, but unfortunately i share a driveway to 3 other homes. Bigpipe offered me a free trial, then extended it to all my neighbours when they found out i shared the driveway. One neighbour hates me, boom. done and dusted.

cant even get vdsl either...

Sharesies kids

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richms

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#1257044 12-Mar-2015 12:33

Just go have a discussion with that neighbor that hates you, and explain that if you dont get fiber you will have to rent the house out to some really noisy loud students as you cant live there.

Richard rich.ms

thecripplernz

252 posts

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#1257048 12-Mar-2015 12:37

lol, its well past any relationship repairs. in fact they requested we move... knocked on the door and actually told us to move house. police have been to visit prior as well. so yeah.

i was hoping if the other neighbours signed up they might think that they had initiated it and not me. obviously didnt work

itxtme

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#1257241 12-Mar-2015 14:52

thecripplernz: lol, its well past any relationship repairs. in fact they requested we move... knocked on the door and actually told us to move house. police have been to visit prior as well. so yeah.

i was hoping if the other neighbours signed up they might think that they had initiated it and not me. obviously didnt work

Tell them the alternative is installing this dish to get UFB over microwaves. And unfortunately it will be pointing past their house.

linw

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#1257497 12-Mar-2015 21:40

Wonder what will happen when the city copper gets de-commisioned?

My sense of justice is getting really stirred up when a vindictive/apathetic/stupid neighbour can dictate whether the govt supplied UFB service can be connected.

Aredwood

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#1257522 12-Mar-2015 22:32

thecripplernz: I have access to fibre, but unfortunately i share a driveway to 3 other homes. Bigpipe offered me a free trial, then extended it to all my neighbours when they found out i shared the driveway. One neighbour hates me, boom. done and dusted.

cant even get vdsl either...

Maybe you will need to do some crowdfunding for the legal costs to launch a test case. A lawyer fried said that if an essential service crosses neighbours land without an easement over that land. There is case law saying that there is a "deemed easement" due to the service being essential. And the fact it has always been there.

So it would just need to clarify if a copper to fibre replacement is also classed as essential.

richms

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#1257525 12-Mar-2015 22:34

Good luck with that. The sooner someone gets a test case to sort this absurdity out (In the absense of the govt getting the spine to do anything about it) the better.

Richard rich.ms

InstallerUFB

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#1257535 12-Mar-2015 22:43

The Chorus Copper network is covered by the telecommunications act of 1987 (and subsequent amendments) and this covers right of acces to mantain or replace (like for like) of cableing installed prior to 1987 - copper cableing installed after that would be covered by access aggrements with the property owners, builder/developer/homeowners etc at the time of build.

The UFB fibre network isnt covered by this act and generaly by existing access aggrements as it is a whole new network seperate from the copper one . It is also not considered to be an 'Essential Service' as such even though 'we' may consider it to be.

richms

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#1257538 12-Mar-2015 22:45

Ok, so what we need is for the govt to amend the telecommunications act of 1987 to fix this mess. Like they should have done when shovelling all that taxpayer money to chorus to put the stuff in the street.

Richard rich.ms

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