Post by Brent George on Jul 18, 2022 20:01:55 GMT
Fire in 1931 sparks $150k legal headache for a property development in 2022
NZ Herald - 11-July-2022
The loss of vital records in the fire that swept through Napier after the 1931 Hawke's Bay earthquake has caused a $150,000 legal headache for a property developer more than 90 years later.
Greenstone Land Developments has been forced to go to the High Court to deal with two historic easements that have been slowing progress on a subdivision it is developing near the coastal town of Te Awanga in Hawke's Bay.
Greenstone managing director Tim Wilkins said the easements, to allow water pipes and drains to cross the land on which the subdivision is built, were probably created more than 100 years ago.
They are mentioned in the title of the rezoned farmland now being turned to residential use, but the documents themselves appear to no longer exist.
However, the easements cannot be ignored: The subdivision includes new roads and any "encumbrances" on the land under the roads have to be removed so the project survey plan can be approved under the Resource Management Act.
Because the loss of the documents means no one can say where exactly which parts of the block were marked for possible drains and water pipes a century ago, Land Information New Zealand (LINZ) is treating the matter as if they apply to the whole area, including the roads.
An interesting dilemma. But does the LINZ stance pass the "reasonableness test"?
NZ Herald - 11-July-2022
The loss of vital records in the fire that swept through Napier after the 1931 Hawke's Bay earthquake has caused a $150,000 legal headache for a property developer more than 90 years later.
Greenstone Land Developments has been forced to go to the High Court to deal with two historic easements that have been slowing progress on a subdivision it is developing near the coastal town of Te Awanga in Hawke's Bay.
Greenstone managing director Tim Wilkins said the easements, to allow water pipes and drains to cross the land on which the subdivision is built, were probably created more than 100 years ago.
They are mentioned in the title of the rezoned farmland now being turned to residential use, but the documents themselves appear to no longer exist.
However, the easements cannot be ignored: The subdivision includes new roads and any "encumbrances" on the land under the roads have to be removed so the project survey plan can be approved under the Resource Management Act.
Because the loss of the documents means no one can say where exactly which parts of the block were marked for possible drains and water pipes a century ago, Land Information New Zealand (LINZ) is treating the matter as if they apply to the whole area, including the roads.
An interesting dilemma. But does the LINZ stance pass the "reasonableness test"?