FYI - information from our lawyer regarding using the easement across Megan's section for stormwater drain.
---------- Forwarded message --------- From: Simon Milne simon@mcmillanco.nz Date: Thu, Oct 24, 2019 at 11:28 AM Subject: RE: Letter re UCOL easement To: High Street Cohousing ucoldunedin@gmail.com
Hi Anne,
Thank you for your email below.
Yes I can confirm that our discussion following your email of 14 October is as you detail below.
The existing position of the stormwater drain and existing use rights would be covered under the provisions of the Local Government Act 1974 (relevant provisions attached). However as discussed I confirm that it would be far better and secure to utilise the area of the existing registered stormwater easement (shown A on the attached plan). This is registered over the relevant titles and is in your favour. This is especially so given that your plumbers are saying that they can redirect the manhole/ stormwater pipes so that they are then within the easement area. This would be a good result and would future proof these drainage rights.
In respect of costs, as this registered easement area is in your favour and allows you the right to drain stormwater across that neighbours land then the costs would be your responsibility. However, if the neighbour was also going to utilise this new stormwater drain then they would need to contribute to the costs in proportion to their use. Will this new drain also benefit the neighbour? For example if their stormwater was to connect in to the new drain. If not then all the costs are your responsibility.
I trust that assists but don’t hesitate to contact me if you need any further information or clarification at this stage.
Thanks
Regards
Simon
Simon Milne PARTNER AND NOTARY PUBLIC McMillan&Co. LAWYERS ˑ MEDIATORS ˑ NOTARY PUBLIC Level 5, Forsyth Barr House, 165 Stuart Street, The Octagon , Dunedin 9016; PO Box 5547, Dunedin 9054 P *+64 3 477 2238* <+64%203%20477%202238> | M *021 729324* <021%20729324> | F *+64 3 474 5588* | *simon@mcmillanco.nz* simon@mcmillanco.nz | *www.mcmillanco.nz* http://www.mcmillanco.nz/ Disclaimer: The information in this email is confidential and may be legally privileged. If you are not the intended recipient, please respect this and notify the sender immediately by telephone. Please also destroy this email. Thank you. *From:* High Street Cohousing ucoldunedin@gmail.com *Sent:* Thursday, 24 October 2019 10:35 AM *To:* Simon Milne simon@mcmillanco.nz *Subject:* Letter re UCOL easement
Hi Simon
Tonight will be a regular UCOL meeting and I need to give an update of our conversation regarding the easement across our neighbour's property.
My account of our communication will be that I emailed you on 14 October outlining the situation we have regarding stormwater drains that currently cross our neighbour's property, but not within the easement drawn on the plans a the time of subdivision.
Following further information received on 17 October, indicating that the plumbers were recommending moving a damaged manhole so that it used the easement shown on our neighbour's Certificate of Title, you told me that this would be your recommendation, that while an existing drain does 'create a legal easement', it would be advisable to use the easement shown on documents.
I have been asked for your response to one of my initial questions: " if it is feasible to use that easement, who should bear the costs?" I don't think this was covered in our conversation.
I know that you are intending to write to us in response to my email, but in the meantime, I would like to check that I have remembered our conversation correctly.
Many thanks,
Anne Thomson
