Have any KB posters ever had a dispute with a neighbour over a right of way easement over their property? I have this neighbour who has a right of way over my land to his land-locked property. The guy wont close the gates (we are in a rural area). As far as I can tell, a gate does not inhibit free and unrestricted access to the right of way unless the person who uses the right of way has no means of opening it – ie I lock it and don’t give him a key. All it is is latched like very other rural gate in NZ.
I reckon KS- what braindead wankers to try and cash in on Anzac Day- red poppy selling is not to promote violence or waqr, but to raise funds for the welfare of our heroic veterans…. what fucking dreamers
Well you did buy in the Whangaehu valley Brian, home to some of the maddest and baddest fuckers in the province, so wtf did you expect, courtesy and neighbours who bake…..oops, that’s right, there are a couple of ‘cooks’ up the valley…
This is what REALLY gets up my nose Nick – which prompted me to blog about it. Here’s how they spend the money
Last year it raised about $5000, enough for three scholarships. All money collected in the appeal was going to peace scholarships, which were available to assist research on “the impacts of militarism, militarisation and warfare; alternatives to militarism, warfare, or collective non-violent responses to state violence”.
Brian – If you lock the gate against the dominant tenement he can take legal action. If he breaks the lock you would be unlikely to have him charged with wilful damage.
It would almost certainly an implied term of easement in a rural stiuation that he keeps the gate to the road shut shut and keep the boundary gate to his own property shut. Perhaps the best way to obtain compliance is to point out that he has a legal obligation to keep the gates shut and if he does not you will seek a court order accordingly and breach of that order would be contempt of court.
Unfortunately if he insists on being pig headed and you need to start legal action you will be out of pocket to some degree even if you completely prevail.
A legal solution while practicable can often cause more trouble than it is worth such as strained relationships. For example chiropractors in Britain tried to sue Simon Singh (the scientific writer) for stating his opinion that chiropractors’ claims that chiropractic can cure typical childrens’ ailments as ‘bogus’. Even if the chiropractors had won (they crashed badly when Simon appealed) the case has drawn most unwelcome attention on the profession. There is likely to be some spinal manipulation OK – on someone’s neck.
A more pragmatic solution would probably be to install a cattle stop with both you and him sharing the cost. It would probably be money well spent on your part to help maintain cordial relations and reduce stress on yourself and your family.
Brian, perhaps you could get some assistance from Peace Movement Aotearoa.
Seriously, you are far better to try and reach an amicable solution, some sort of peaceful understanding. Antagonising contrary neighbours usually ends up with more downsides than anything. A good starting approach is to explain to them how it affects you and why you’d like them to leave the gate in it’s found state eg close if closed. People tend to react badly to being told what to do.
Haha yea IV2 I thought the same when I read the Herald article… something about the lines of sending a girl to some Asian country to study the gender roles in war time… yawn. Oh here it is
“One of the first scholarships was awarded to Victoria University student Marianne Bevan to fund a visit to East Timor to study militarisation, violence and gender issues in the country’s recently established police force.”
*rolls eyes* when will these PC greenies go and throw themselves off a cliff
I think ta big story is looming about the Property Manager from ACC being investigated by the SFO. Rumours have circulated in Wellington for years about cosy relationships, and many more people besides the now ex-ACC employee (Malcolm Mason) will be shitting bricks at the fear of being named in media.
Kudos to Nick Smith who identified a problem and acted upon it. But this is a reflection of slack controls after 9 years of Labour.
Brian my father had a problem with a neghbour who tried to prevent his access to his own house. Apparently she was a psyco who pulled this sort of thing all time and she was run out of the place.
The right for access is absolute. the issue of closing gates is a seperate one and locking them out would be a no no. Having to close a gate in no way impeeds their access however and being required to open and close it should not be a problem. As mentioned thats how you do things in the rural community.
Is this person some kind og latee slurping weekend pretend lifstyler?
I’d sugest you detail your potential losses through leaving gates open including stock losses and dmaage liability for wandering stock and see if that results in an attack of common sense. Failing that get some arbitration and/or media attention.
On an unrelated note you can cram your white poppie where its dark and smelly. the Viet Nam era hippie puled the same stunt and got their asses kicked up and down Lambton Quay back in the 60’s. Seriously just one half day each year if you’re not going to say thank you at least just keep your yap shut.
I think promoting peace is fine (as long as people are realistic about it, absolute peace is never achievable). But Anzac Day has a special purpose, the peaceniks should leave it alone and find their own appropriate time to do their thing – and then they might find they get more sympathy and support.
Absolutely Pete; but by setting themselves up in opposition to the RSA around Anzac Day, I reckon that PMA is being directly provocative. They’ll never win the battle for public sentiment at this time of the year, but in trying, they dishonour the memory of those who gave their lives, and those whose lives (like those of my father) were profoundly affected by the horrors of war. That’s why this issue upsets and angers me so much.
Just fence the easement, the cost will have to be shared (like a boundary fence) and then have neither of you able to run stock in the easement. The stock owner cops it if stock get hit by a vehicle and then the lawyers start to bottom feed
If its an entrance gate and there no stock not a biggy.
Pete,, explaining anything to ignorant pricks is a waste of time, if he too lazy to shut a gate hes too tired to listen to reason.
The other option is let your stock accidently fuck his lawn and garden by a gate being left open
Cha – I think the Whangaeuhu Valley is the only place in NZ with a dedicated banjo shop:)
Is this person some kind og latee slurping weekend pretend lifstyler?
The guy in question is the former owner of the land I brought. He is a farmer. His opening gambit when we approached him about this was, and I kid you not, “I have plenty of money so will run you through the courts”. All I want is the gates kept shut to prevent 1)my stock getting out. 2)my dog getting out and 3)any kids getting out that may be on the property.
Hey this is quite cool: Givv. Donations aggregation service allows you to split a single amount over one or more charitable organisations. I think the social-good-without-government space is pretty cool. I also like the Kiva micro-finance model.