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23 posts

Geek


# 205483 15-Nov-2016 13:04
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Hi there,

 

My apologies if this topic has been discussed somewhere, but my question today is to do specifically with Easements.

 

I live in a Multi Unit Dwelling (townhouses) where we all own part of the land (fee simple, not cross-lease). Our house is only 5 years old, and there was an Easement Instrument to convey telecommunications & computer media.

 

Now, Enable told me that I will need consent from all 10 units on my area - that made me really concerned as I highly doubt all other 9 houses would be so onto it as to give consent and reply Enable.

 

1. Isn't the Easement Instrument itself a 'consent' already?

 

2. The shared driveway is owned by 2 units; I am surprised that Enable needed consent from all 10 townhouses - they said it is because the other 9 maybe inconvenienced by any work done on the shared driveway. Is that correct?

 

Thank you!!


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Ultimate Geek

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Chorus

  # 1671373 15-Nov-2016 14:24
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Being just 5 years old, I would have thought this is a unit title situation, where you each own your unit, and a body corporate controls the land on which the units sit. It would be extremely unusual these days for your unit to be fee simple. The twin share ownership of the driveway is also a mystery to me.

 

I would be interested to know the address of the block so that I can do some checks for you (just to satisfy my own curiosity more than anything else).

 

In regards to Enable, existing easements do not allow for fibre services at this point - they generally cover copper based services only, and this is why Enable will require consent. Enable are also not allowed to use existing Chorus duct, so installation of Enable duct could involve a bit of inconvenience to all driveway users. They may be just as confused over the ownership of the land parcel as I am, hence why they believe they require consent from all 10 unit owners. There is also a requirement for them to make fibre service available to all units accessed by the driveway at the time they arrange the first connection, at least to the extent that no further excavation is required on common land should a second or subsequent occupant in the driveway apply for fibre services.

 

If you are not comfortable publishing the street address of the complex, could you please send me a private message with the address? I have several good contacts at Enable to whom I can refer questions if required.





The views expressed by me are not necessarily those of my employer Chorus NZ Ltd


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Ultimate Geek

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  # 1671581 15-Nov-2016 21:00
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There was some discussion of a similar issue in this thread: "Chorus Legal dont understand the LAW regarding easements?"

 

The short answer seems to be that whether or not further consent is legally required, it's part of the process that has to be followed. The thread is in relation to Chorus rather than Enable.


 
 
 
 




23 posts

Geek


  # 1671631 16-Nov-2016 00:20
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Thanks guys!

 

Wheelbarrow01 - have PM'ed you.

 

Thanks for the link Froob. I read the forum in detail. Disappointing to hear that although there is a MUC Code, Amy Adams said that it is not currently used by UFB providers?


942 posts

Ultimate Geek

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Chorus

  # 1671687 16-Nov-2016 09:01
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Well I stand corrected! Yes I can see 15 fee simple titles, and the aerial map on the ECan website clearing shows that the driveway used by all actually sits on land belonging to each of the units individually - so essentially as you drive up the driveway, you are driving on each owners section in turn. Very strange setup!

 

Depending on which unit you occupy, you'd have to drive over up to 7 other properties belonging to other people to get to your front door...

 

From my perspective it would appear that every unit has part of the 'shared' driveway on its title, which will be why Enable require consent from every owner. As per my previous thread, Enable have a duty to ensure fibre is available to all units in the development, so when the first application is received, they must complete network design and build to ensure all addresses which use the driveway can have fibre in future.

 

For all their faults, bodies corporate do have their uses - only one consent to be gained, whereas in your case Enable will need to gain 15 individual consents before they can connect you. It only takes one owner to say no and your plans for getting fibre will be scuttled. Good luck!!





The views expressed by me are not necessarily those of my employer Chorus NZ Ltd


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