Court of Appeal Wellington
CA666/2022, CA667/2022
8 February 2024; 26 February 2025
French, Mallon and Ellis JJ
CA666/2022, CA667/2022
8 February 2024; 26 February 2025
French, Mallon and Ellis JJ
Property law — Easement — Vehicular right of way — Encroaching structures built by owners of burdened land — Only actionable if substantial interference — Reasonable use — Current requirements — Application of common law principles in New Zealand — Implied terms do not change principles — Adequate and effective driveway remains — No current need to widen — No substantial interference —
Land Transfer Regulations 2002 sch 4.
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