So my neighbour just built a deck over my ETP

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the8footer

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#214566 17-May-2017 21:28

hey guys, just registered at the suggestion of a mate.

Long story short, I just noticed my neighbour who's doing up their unit (i'm in a block of 4), has in the past week has built their deck over our ETP, which splits into 3 of our units, and has completely covered it making it inaccessible to any tech who comes over.

I'm wondering what my options are, because mum's just complained the phone's not working, and if it's like last time I'll likely have to get a chorus guy out and he'll probably want to check the ETP.

If I do, what are the likely outcomes?

Can Chorus rip up the deck planks and charge her for the privilege? Or worse, charge me for the privilege? It's on the outer wall of my lounge, but it's in the neighbour's courtyard (with a fence and now a deck around it).

We'll be raising the issue with said neighbour to see what she'll do about it, since obviously without it being accessible she's buggered the potential service for 3 units including her own, but she's also a bit of a penny pincher and this is a brand new deck, so I'm expecting her to want nothing to do with it.

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Mad Scientist
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#1783928 17-May-2017 21:32

I'm not sure if it's legal to build things on your property without your permission. Do you own your unit? What sort of title or easements does it have? I would have thought consent needs to be sought from the owner of your unit unless your neighbour has a freehold title. Wonder how the council gave permission for her deck ...

the8footer

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#1783935 17-May-2017 21:47

I don't know the exact terms but it's one of those everything is shared sort of situations, so any work needs the permissions of the other house owners.

It's never been something that's been asked for, by anyone for anything though. The fence has always been there, so that was just replaced but the deck thing is new.

Batman

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#1783937 17-May-2017 21:53

That sounds like a cross lease. I dare say the deck does not have a permit (ie illegal) since you weren't consulted. Not sure how to approach the situation though. Others can chip in.

the8footer

6 posts

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#1783939 17-May-2017 22:11

I don't mind talking to the neighbour so much, I'd be interested more in what Chorus would be likely to try and do should they be called in for any maintenance, as a sort of reason to motivate her (beyond just '3 of 4 units can't get any maintenance done'). I'm thinking the most reasonable solution would be for them to pull up a couple of planks and cut a hatch into it so it's accessible.

richms

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#1783943 17-May-2017 22:31

They would walk off and leave it unfixed until access to it was sorted out.

If it's a crosslease then this sort of thing can get expensive real fast since lawyers start writing letters to other lawyers.

Richard rich.ms

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#1783946 17-May-2017 22:49

I don't suppose there's a body corp for these units?

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the8footer

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#1783947 17-May-2017 23:05

not as far as I'm aware. we just signed some agreement thing when we bought it saying any modifications we did would need to be with the permission of the other tenants/owners. It doesn't seem that this has been adhered to at all, ever.

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#1783970 18-May-2017 07:04

Shall I come to install a master filter for you and bring my skilsaw? :)

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Bung

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#1783982 18-May-2017 07:48

the8footer: I'm wondering what my options are, because mum's just complained the phone's not working, and if it's like last time I'll likely have to get a chorus guy out and he'll probably want to check the ETP.

How old are these units and what was the last fault? Have you noticed any problems, are you able to call out and receive calls? All mothers complain :-).

the8footer

6 posts

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#1783984 18-May-2017 07:59

last fault was a few months ago when vector replaces our power line posts, one of them on the road next to thegrey mushroom thing. phone line was completely dead back then after weeks of hissing and missed calls. took two chorus guys two days of digging to fix. same thing has started again, though not fully dead. calls ring for half a second then drop, with or without a phone connected.

the units are from like the 70s. i had vdsl a couple years ago a already have a master filter in the etp if I remember correctly.

MikeAqua

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#1783999 18-May-2017 08:56

The solution is for her to pay to have someone install an access hatch. Whoever installed the deck should have done this.

This can be done in a way that doesn't detract from the look of the deck: Using the deck planks as donor material for the lid and a similar looking timber for the frame the lid rests on. It won't need to be opened often so it can be screwed in place to exclude kids, pets and dropped phones.

A couple of hours work with a skill saw, router and drill plus 2m timber and a couple of screws ... unless there is framing right above the ETP.

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itxtme

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#1784310 18-May-2017 15:48

the8footer:

not as far as I'm aware. we just signed some agreement thing when we bought it saying any modifications we did would need to be with the permission of the other tenants/owners. It doesn't seem that this has been adhered to at all, ever.

Normally a flat plan would be in play, that defines what people can and cannot do on common areas vs private areas. Sounds like a private area the way you describe it.

UncleArk

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#1784347 18-May-2017 16:44

joker97:
That sounds like a cross lease. I dare say the deck does not have a permit (ie illegal) since you weren't consulted. Not sure how to approach the situation though. Others can chip in.

Just touching on "illegal" mentioned in your post...

Exemption 24 of the Building Act's schedule 1 states: "A building consent is not required for work on decks, platforms, bridges, boardwalks and like structures where it is not possible to fall more than 1.5 metres even if it collapses...

https://www.building.govt.nz/projects-and-consents/planning-a-successful-build/scope-and-design/check-if-you-need-consents/building-consent-exemptions-for-low-risk-work/schedule-1-guidance/

Aredwood

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#1784371 18-May-2017 17:58

MikeAqua:

The solution is for her to pay to have someone install an access hatch. Whoever installed the deck should have done this.

This can be done in a way that doesn't detract from the look of the deck: Using the deck planks as donor material for the lid and a similar looking timber for the frame the lid rests on. It won't need to be opened often so it can be screwed in place to exclude kids, pets and dropped phones.

A couple of hours work with a skill saw, router and drill plus 2m timber and a couple of screws ... unless there is framing right above the ETP.

Check the cross lease terms. Just because there are fences doesn't necessary mean that the fenced off area is an "exclusive use" area. Some cross leases have all outdoor areas as common areas. If so you would easily be able to force the other owner to remove the deck and fences at their cost. Or just use their deck as if it was your own.

Here is someone who had to pay $40,000 in legal fees because they built a deck without permission on common land and tried to fight it. Herald link There was also a big thread about it on the trademe forums but I can't find it now.

If I remember right the cross lease for my mum's property also contains a term about lessee's not being allowed to obstruct access to building services. It might have also specificity mentioned telecommunications as well. So definitely well worth reading the terms and flats plan for the building.

Handle9

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#1784430 18-May-2017 19:29

itxtme:
the8footer:

not as far as I'm aware. we just signed some agreement thing when we bought it saying any modifications we did would need to be with the permission of the other tenants/owners. It doesn't seem that this has been adhered to at all, ever.

Normally a flat plan would be in play, that defines what people can and cannot do on common areas vs private areas. Sounds like a private area the way you describe it.

If a deck is under a certain height (from memory its a metre) off ground and not enclosed doesnt need to be on the flats plan. You are meant to get the consent of the other leasees but often people don't.

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