6 Dec 2016
BOURKE & TOTHILL v GUO [2016] NZHC 2932
- Citation
- [2016] NZHC 2932
- Court
- High Court
Intrusions occupying at least 50% of the easement width along its length constitute a substantial interference with the legal rights attached to the vehicular right of way; the fact the formed driveway currently permits access does not defeat relief where the legal boundaries are impeded and relief is necessary to preserve full use and future reconfiguration. Accordingly the respondent must remove or relocate the encroachments pursuant to the court's power under the Property Law Act 2007.