12 Sept 2022
PENNINGTON TRUST COMPANY LTD [2022] NZHC 2332
- Citation
- [2022] NZHC 2332
- Court
- High Court
Although the applicant had de facto physical vehicular and pedestrian access, absence of any legal right to cross NA565/251 meant 11 Mozeley Ave is landlocked under the Property Law Act 2007; after considering the mandatory s329 factors (historical access, circumstances of landlocking, conduct, and comparative hardship) and finding significant hardship to applicant and minimal proven prejudice to adjoining owners, the Court granted a right of way under s328, to be registered and subject to the implied covenants and Schedule 5 rights and obligations.