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Resurveying of an easement in a slightly different position

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Quantity Surveyor
Waitakere

Published: 31 July 2022

We live in Laingholm and share a driveway with neighbour. We have Council permission to have 2 open car parks on our property. The car park closest to the road has had a triangular shaped easement (6x8x10m) for many years. The car park park nearest our front porch has been used for several years by me but recently the elderly female neighbour who used to be married to a surveyor and aided and abetted by her son (not a surveyor) has made a legal case that the easement does not include a very small area that I drive over to park my car (I estimated this to be a small triangular piece of bare land next to the driveway- possibly as small as 0.6sqm). A portion of the original easement on her boundary closest to the road is unusable by a vehicle as it is too steep and dangerous. The solution is to shift the easement closer to my car park but not extend it. Her legal demand is that we have it resurveyed and we pay for it. Her vexatious behaviour was promoted by a single boundary survey that we had commissioned by Envivo late last year as we were having problems with a neighbour’s Alsatian dog running into our property and we were considering building a fence and gate along tha shared boundary. As a side issue we consider that the Envivo survey reduced our boundary by 7-8cm and does not concur with historical plans we have. We have informed Envivo about this and they consider it a boundary survey in dispute. That survey has not been redone because we had already paid over $4000 for it and we didn’t want to pay any more money. However now that we have the issue of the easement it look like at least the boundary between the two houses can be re-established for about 8-10 m. Recently we trespassed the owner of the dog and his dog so this is not a problem anymore. We are in the process of relocating to another house in Laingholm but wish to retain the house as my office for a short period of time. I will attach some photos and a plan of the current easement. I will warn you in advance about the elderly woman next door. She is highly territorial and has tormented neighbours either side of her for many years. She may come across as a devout Methodist and community volunteer but she has a nasty dark side. For example one of the new survey pegs from the Envivo survey disappeared a short while later - it is quite possible that she or her son pulled it out. If you park on the driveway she will give you an earful. Nevertheless this resurvey and reposition of the easement to enable both our cars to be legally parked is the most diplomatic solution. Happy to discuss further. Thanks PS In the photo you will see the small area that is not included in the easement in front of a car covered by gray car cover. This area is adjacent to the driveway and has gravel or scoria on it. I used a blue tie on a yellow cord to show where the easement needs to come to


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