9 Dec 2005
YULLUNDRI PASTORAL AND DEVELOPMENT CO. LTD V SMITH DEVELOPMENTS LTD AND ORS HC CHCH CIV 2002-409-000769
- Citation
- openlaw-69c6e5d6_e951_442a_bb04_4cdc1634477f.pdf
- Court
- High Court
The Yullundri land is landlocked within s129B(1); the existing narrow 12‑foot, tortuous access is inadequate given the land's Living Hills zoning and likely residential development; having weighed s129B(6) factors the Court will, in principle, grant relief under s129B(7)(a) vesting the necessary land for the proposed road route (Eliot, Sinclair & Partners plan no.144576) but final vesting, compensation and detailed orders are deferred pending subdivision/resource consents and refined design.
- Landlocked land
- Reasonable access
- S129b property law act 1952
- Vesting fee simple
- Easement
- Compensation