Legal Question in Real Estate Law in New Zealand (Aotearoa)

neigbhours request to use our driveway

Our drive is shared by 3 Units, with parking space for 3 cars only. A new neighbour next has requested use of this drive which is narrow and on a hill. What are the pitfalls of granting permission. Could it be revoked? Our Body Corpoate feels they might be giving away too many rights apart from the danger of another car backing out part way down the drive.

Thank you for considering this query.


Asked on 7/19/09, 2:17 am

1 Answer from Attorneys
Simon Laurent LaurentLaw Barristers & Solicitors

Re: neigbhours request to use our driveway

There are 2 options:

1. Grant an informal right to the neighbour, which could be cancelled if it doesn't work out. You must get all unit owners to agree. It's best to put this in writing.'

2. The right could be granted by way of what is called an easement which would allow the neighbour legally to use the stretch of driveway, and which would be recorded on the title so that this right would go with the neighbour's rights and could be passed on to future owners of the neighbour's property. This could not just be revoked once it is there. It would be reasonable to ask for payment of a certain sum in compensation for granting the right. Again, all unit owners must agree. You need a lawyer to draft the easement.

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Answered on 7/19/09, 5:39 pm


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