Thread: Access over private land to private land.

My Dad owns a forestry block and the track in goes over a lifestyle block for less than 100m before it hits the actual tracks in the blocks which are owned and maintained by the collective of owners of said blocks.

The guy who used to own the lifestyle block passed on and the new owners refuse to allow firearms to be transported across their land for that 100m to access the forest.

Is there any way to keep it legal and shoot on our land if me knocking on their door with something from the bakery to have a chat doesnt work?

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Sounds like they're strictly per their own "policy", which may have an emotional background.

You need to be sensitive to where they might be coming from is what I mean.

A good question to ask is; "what could we do to make this possible and ensure your minds were at rest??"

Agree there are joins out there etc etc. baking good idea. Gluten free option possibly helpful too.

Good luck!

The collective should have bought the block when it came up for sale. Other than that there is usually an easement put in place allowing access across the land, in which case I think he is required to allow access.

It is possible there will be some sort of legal access easement into the forestry, as is often the case with blocks like that marooned from open access.. In which case a rifle may possibly count as management purposes - pest control.

Following with interest, I have 200m of private land to cross to get to a large recreational hunting zone, (doc). Access is much a pain in the arse sometimes!!

Originally Posted by gadgetman

The collective should have bought the block when it came up for sale. Other than that there is usually an easement put in place allowing access across the land, in which case I think he is required to allow access.

We can go there freely, just cannot take firearms across that land.

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Originally Posted by JasonW

We can go there freely, just cannot take firearms across that land.

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I'd get the terms of the easement checked to see if he has the ability to stipulate that.

Definitely put lots of effort into the soft approach/personal contact first. It is your best solution. You would also need to assure them that you will have the firearms in covers/out of sight whilst crossing their land. And maybe explain your intensions on your own land. Don't turn up in your camos when knocking on their door. If that doesn't work yes the easement clarification or do a search on paper roads. Unfortunately that still may not be the solution as even once on your land the neighbour could complain to the cops. Few previous threads on the outcome of that.

Is it walk in access or drive in access you are seaking?

If the access is a legal right of way easement then unless the terms of the easement specifically exclude firearms they have no legal right to say whether you can or not. You would have to get the legal document and check that to be sure, but I've never seen one personally that does exclude them. Here are the standard rights that apply if they are not modified by a specific easement instrument:

Originally Posted by Property Law Act 2007

Schedule 5 - Covenants implied in grants of vehicular rights of way

The grantor and the grantee of a vehicular right of way covenant with one another as follows:

1. Right to pass and re-pass

(1) The grantee and the grantor have (in common with one another) the right to go, pass, and re-pass over and along the land over which the right of way is granted.

(2) That right to go, pass, and re-pass is exercisable at all times, by day and by night, and is exercisable with or without vehicles, machinery, and equipment of any kind.

(3) In this clause, the grantee and the grantor include agents, contractors, employees, invitees, licensees, and tenants of the grantee or the grantor.

Originally Posted by Land Transfer Regulations 2002

Schedule 4 - Rights and powers implied in easements

6 Rights of way

(1) A right of way includes the right for the grantee in common with the grantor and other persons to whom the grantor may grant similar rights, at all times, to go over and along the easement facility.

(2) The right to go over and along the easement facility includes the right to go over and along the easement facility with or without any kind of—
(a) vehicle, machinery, or implement; or
(b)domestic animal or (if the servient land is rural land) farm animal.

(3) A right of way includes—
(a) the right to establish a driveway, to repair and maintain an existing driveway, and (if necessary for any of those purposes) to alter the state of the land over
which the easement is granted; and
(b)the right to have the easement facility kept clear at all times of obstructions (whether caused by parked vehicles, deposit of materials, or unreasonable
impediment) to the use and enjoyment of the driveway.

But as Zimmer said, try the friendly approach first as they'll still be the neighbours and you still want to get on with them.

Thanks for the help guys. I still dont know if the guy is poaching in the forest and doesnt want anybody else there or is a greenie. Maybe the noise? I know we have poachers in there but cant do much about it if we arent in there.

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a few early morning trips over the top of thier land in say a hughes 500 to drop firearms off to you once on land...and again to pick them up afterwards might upset the apple cart a tad.
politely and nicely would be far better option. is there another access point that doesnt cross this bit of land????

Originally Posted by JasonW

Thanks for the help guys. I still dont know if the guy is poaching in the forest and doesnt want anybody else there or is a greenie. Maybe the noise? I know we have poachers in there but cant do much about it if we arent in there.

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Set up a game cam in a likely spot, and wonder no more

also if there is nothing in writing about firearms before going in there hunting let the local police know about the situation .It could save your self a lot of trouble if the new owner is anti firearms

Might be a long shot but have you had a look at the WAMS website - https://www.wams.org.nz/wams_desktop/index.html

Might be a paper road or some such which would allow you access??