Thread: Could be bad news

Originally Posted by cbfb

I live in Ashhurst (15 minutes from Opawe Road) so I've been following this with interest.

I ended up contacting the council because I had some questions after reading the Stuff article and the Manawatu Council website. The council were good to deal with.

The important thing is that the proposed easement will mean access will continue. I think the current landowner's motives seem pretty genuine in wanting to make the route clear and avoid people wandering over his property.

My only concern is whether an "easement in gross" has the same protections from being closed by subsequent landowners as a "paper road". I've googled it but can't get my head around it. Does anyone actually know how these things work? I'd like to know before I make a submission.

I have to say I've always found landowners around here pretty approachable. In the last month I've asked two farmers for permission to go across their land for fishing and they were both really friendly and had no problems with it. I've had a few refusals when it came to shooting/hunting but usually for a good reason but a lot of the time the farmers were pretty keen hunters themselves and were OK with it or suggested who else to ask.

I havent submitted yet either but have a draft sketched out. Without knowing the exact terms of the proposed easement / right of way I am uncomfortable with the unformed road being stopped. I do however support the Council and landowner desire to 'tidy up' the current impractical legal road access. Two links that might help:https://www.linz.govt.nz/kb/520 https://www.gallawaycookallan.co.nz/...r-right-of-way
From the second link I can see that if a future landowner causes grief for hunters using the fenced easement by for example pugging it up with cattle or blocking it, the matter would end up in court - if the Council would pay, whereas a legal road has much greater protection and remedy

Originally Posted by Moa Hunter

I havent submitted yet either but have a draft sketched out. Without knowing the exact terms of the proposed easement / right of way I am uncomfortable with the unformed road being stopped. I do however support the Council and landowner desire to 'tidy up' the current impractical legal road access. Two links that might help:https://www.linz.govt.nz/kb/520 https://www.gallawaycookallan.co.nz/...r-right-of-way
From the second link I can see that if a future landowner causes grief for hunters using the fenced easement by for example pugging it up with cattle or blocking it, the matter would end up in court - if the Council would pay, whereas a legal road has much greater protection and remedy

The thing that worries me is with the closure of the paper road, council are going through a consultation process which gives us some opportunity to object.

I'm not sure if a consultation would happen if a landowner wanted to close an easement.

It's the potential of the landowner and council being able to close it without public input that I'm not happy about.

I might give the guy I've been talking to at the council a call on Tuesday and see if he can answer that.

Originally Posted by Moa Hunter

I havent submitted yet either but have a draft sketched out. Without knowing the exact terms of the proposed easement / right of way I am uncomfortable with the unformed road being stopped. I do however support the Council and landowner desire to 'tidy up' the current impractical legal road access. Two links that might help:https://www.linz.govt.nz/kb/520 https://www.gallawaycookallan.co.nz/...r-right-of-way
From the second link I can see that if a future landowner causes grief for hunters using the fenced easement by for example pugging it up with cattle or blocking it, the matter would end up in court - if the Council would pay, whereas a legal road has much greater protection and remedy

By the way, if you (or anyone else) want a copy of the emails flick me your email address via PM and I'll forward them on. Am just sending a reply asking a few more questions.