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30 posts

Geek
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Topic # 205897 1-Dec-2016 18:07
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First a picture, as they make everything easier.

 

Click to see full size

 

The shared driveway I live on is split amongst 4 titles, even though it serves 21 lots. All 4 of us who have own a portion of the driveways title have provided consent for UFB rollout, additionally only 2 houses who have no ownership of the title haven't provided consent.

 

Chorus don't care that one of these 2 lots is an empty section (with an owner I've got no idea how to get ahold of) and that other owner is an oversees investor (tenants can't provide consent, we tried.) As far as they're concerned all 21 lots must provide consent.

 

Does anyone have any ideas on what I can do to move forwards?


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236 posts

Master Geek
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  Reply # 1680910 1-Dec-2016 21:29
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Get consents from all of them

 

Or wait until the new law comes into effect and they have to object (with a valid reason) or it is deemed consented (with a few exceptions)


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  Reply # 1680971 1-Dec-2016 22:58
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Even though ownership of the driveway is shared between only 4 land parcels, presumably there are easements in place which allow the remaining 17 land parcels to have access via that driveway. Because of that, they are affected parties in the eyes of the law, and therefore consent from them all is required. Until there is a law change there is not much you or the LFC can do to get around it.

 

If you go into your local council office, they will give you the name and address of all owners. Property ownership is a matter of public record so it's not hard to find out. You may have to supply a reason why you are requesting the information, but in your case, you have a legitimate reason so I don't see it as a problem.

 

[EDIT] The tenants of the overseas landlord cannot give consent, but their property manager can as they are an authorised representative of the owner. Have you asked those tenants for their property manager's details?





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


 
 
 
 




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Geek
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  Reply # 1680991 1-Dec-2016 23:49
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Wheelbarrow01:

 

Even though ownership of the driveway is shared between only 4 land parcels, presumably there are easements in place which allow the remaining 17 land parcels to have access via that driveway. Because of that, they are affected parties in the eyes of the law, and therefore consent from them all is required. Until there is a law change there is not much you or the LFC can do to get around it.

 

 

 

 

I just had a look at the easements on my title. You're bang on with access.

 

The most annoying thing is we dug up the driveway a while ago for street lighting.  I placed 2 spare 25mm conduits with draw wires at the time.  There will be 0 interruptions to anyone's access :(

 

 

 

If you go into your local council office, they will give you the name and address of all owners. Property ownership is a matter of public record so it's not hard to find out

 

I'd just assumed that sort of info would be hidden by the privacy act.  Neat.  Thankyou.


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Uber Geek
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  Reply # 1681063 2-Dec-2016 09:23
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Feel sorry for you guys with these problems. This one must be especially frustrating given the conduits are already there.

 

Good luck and roll on the new legislation (wonder why no one had the foresight to legislate this before the fibre build started?).


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  Reply # 1681071 2-Dec-2016 09:38
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I still am amazed at how different life would be without this forum (rather, the people who contribute in this forum)! Nothing is impossible! Good luck!





Swype on iOS is detrimental to accurate typing. Apologies in advance.




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Geek
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  Reply # 1681086 2-Dec-2016 10:20
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Just got back from the council. The trust that owns the empty section, apparently resides at the empty section :(


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  Reply # 1681088 2-Dec-2016 10:30
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Omen:

 

Just got back from the council. The trust that owns the empty section, apparently resides at the empty section :(

 

 

Do you have the name of the trust ? Must be some way to track down their lawyer to make contact........





XPD / Gavin / DemiseNZ

 

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30 posts

Geek
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  Reply # 1681100 2-Dec-2016 10:46
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xpd:

 

Do you have the name of the trust ? Must be some way to track down their lawyer to make contact........

 

 

 

 

I do, I'll attempt to track down more info via the companies office this afternoon.


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