26 May 2014
BA TRUSTEES LTD v MA'A LTD [2014] NZHC 935
- Citation
- (2014) 16 NZCPR 266
- Court
- High Court
The garage is a separate building which has a frontage only to the right of way and therefore breaches condition 3 as formed in 1929; 'building' in that historical context includes a standalone garage; however, given the age of the garage, lack of enforcement and the parties' agreed restriction of easement use, condition 3 should be modified under s317 to preserve protection against second principal buildings while excluding ancillary buildings (and saving the existing garage).