General Debate 21 April 2010

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Brian Smaller

Have any KB posters ever had a dispute with a neighbour over a right of way easement over their property? I have this neighbour who has a right of way over my land to his land-locked property. The guy wont close the gates (we are in a rural area). As far as I can tell, a gate does not inhibit free and unrestricted access to the right of way unless the person who uses the right of way has no means of opening it – ie I lock it and don’t give him a key. All it is is latched like very other rural gate in NZ.
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April 21, 2010 7:47am
metcalph

Christchurch 2021 not choosing a mayoral candidate until the end of next month?!? WTF?
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April 21, 2010 7:49am
pdm

BS – as a kid growing up on farms until I was 17 there was a very simple rule. If you go through a gate that is shut you close it again after you have passed through. If it is open then leave it open.
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April 21, 2010 7:55am
Inventory2

Peace Movement Aotearoa – what’s the bet that they have strong support from the Greens? Anyway, they can take their white poppies, and stick them where the sun doesn’t shine …

http://keepingstock.blogspot.com/2010/04/sod-off.html
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April 21, 2010 8:08am
nickb

I reckon KS- what braindead wankers to try and cash in on Anzac Day- red poppy selling is not to promote violence or waqr, but to raise funds for the welfare of our heroic veterans…. what fucking dreamers
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April 21, 2010 8:10am
cha

Well you did buy in the Whangaehu valley Brian, home to some of the maddest and baddest fuckers in the province, so wtf did you expect, courtesy and neighbours who bake…..oops, that’s right, there are a couple of ‘cooks’ up the valley…
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April 21, 2010 8:27am
Inventory2

This is what REALLY gets up my nose Nick – which prompted me to blog about it. Here’s how they spend the money

Last year it raised about $5000, enough for three scholarships. All money collected in the appeal was going to peace scholarships, which were available to assist research on “the impacts of militarism, militarisation and warfare; alternatives to militarism, warfare, or collective non-violent responses to state violence”.

What a pack of losers …
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April 21, 2010 8:28am
MikeNZ

It is our intention to only be wearing Red poppies.
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April 21, 2010 8:30am
peterwn

Brian – If you lock the gate against the dominant tenement he can take legal action. If he breaks the lock you would be unlikely to have him charged with wilful damage.

It would almost certainly an implied term of easement in a rural stiuation that he keeps the gate to the road shut shut and keep the boundary gate to his own property shut. Perhaps the best way to obtain compliance is to point out that he has a legal obligation to keep the gates shut and if he does not you will seek a court order accordingly and breach of that order would be contempt of court.

Unfortunately if he insists on being pig headed and you need to start legal action you will be out of pocket to some degree even if you completely prevail.

A legal solution while practicable can often cause more trouble than it is worth such as strained relationships. For example chiropractors in Britain tried to sue Simon Singh (the scientific writer) for stating his opinion that chiropractors’ claims that chiropractic can cure typical childrens’ ailments as ‘bogus’. Even if the chiropractors had won (they crashed badly when Simon appealed) the case has drawn most unwelcome attention on the profession. There is likely to be some spinal manipulation OK – on someone’s neck.

A more pragmatic solution would probably be to install a cattle stop with both you and him sharing the cost. It would probably be money well spent on your part to help maintain cordial relations and reduce stress on yourself and your family.
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April 21, 2010 8:31am
MikeNZ

Brian
Is the need to keep the gate shut to keep stock in or people out or even people in (like kids)?
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April 21, 2010 8:33am
Pete George

Brian, perhaps you could get some assistance from Peace Movement Aotearoa.

Seriously, you are far better to try and reach an amicable solution, some sort of peaceful understanding. Antagonising contrary neighbours usually ends up with more downsides than anything. A good starting approach is to explain to them how it affects you and why you’d like them to leave the gate in it’s found state eg close if closed. People tend to react badly to being told what to do.
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April 21, 2010 8:42am
nickb

Haha yea IV2 I thought the same when I read the Herald article… something about the lines of sending a girl to some Asian country to study the gender roles in war time… yawn. Oh here it is

“One of the first scholarships was awarded to Victoria University student Marianne Bevan to fund a visit to East Timor to study militarisation, violence and gender issues in the country’s recently established police force.”

*rolls eyes* when will these PC greenies go and throw themselves off a cliff
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April 21, 2010 8:44am
starboard

…but dont forget to give him a hug first Brian before dialogue commences…
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April 21, 2010 8:47am
Monty

I think ta big story is looming about the Property Manager from ACC being investigated by the SFO. Rumours have circulated in Wellington for years about cosy relationships, and many more people besides the now ex-ACC employee (Malcolm Mason) will be shitting bricks at the fear of being named in media.

Kudos to Nick Smith who identified a problem and acted upon it. But this is a reflection of slack controls after 9 years of Labour.
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April 21, 2010 9:06am
Murray

Brian my father had a problem with a neghbour who tried to prevent his access to his own house. Apparently she was a psyco who pulled this sort of thing all time and she was run out of the place.

The right for access is absolute. the issue of closing gates is a seperate one and locking them out would be a no no. Having to close a gate in no way impeeds their access however and being required to open and close it should not be a problem. As mentioned thats how you do things in the rural community.

Is this person some kind og latee slurping weekend pretend lifstyler?

I’d sugest you detail your potential losses through leaving gates open including stock losses and dmaage liability for wandering stock and see if that results in an attack of common sense. Failing that get some arbitration and/or media attention.

On an unrelated note you can cram your white poppie where its dark and smelly. the Viet Nam era hippie puled the same stunt and got their asses kicked up and down Lambton Quay back in the 60’s. Seriously just one half day each year if you’re not going to say thank you at least just keep your yap shut.
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April 21, 2010 9:11am
Pete George

I think promoting peace is fine (as long as people are realistic about it, absolute peace is never achievable). But Anzac Day has a special purpose, the peaceniks should leave it alone and find their own appropriate time to do their thing – and then they might find they get more sympathy and support.
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April 21, 2010 9:35am
Inventory2

Absolutely Pete; but by setting themselves up in opposition to the RSA around Anzac Day, I reckon that PMA is being directly provocative. They’ll never win the battle for public sentiment at this time of the year, but in trying, they dishonour the memory of those who gave their lives, and those whose lives (like those of my father) were profoundly affected by the horrors of war. That’s why this issue upsets and angers me so much.
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April 21, 2010 9:46am
malcolm

Has anyone seen the caveats which John Key apparently put on Pita’s little declaration to the UN? Or is JK just a liar who takes us for idiots?

Hone was pretty excited on National Radio this morning – that is surely a bad thing for NZ.
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April 21, 2010 9:46am
Pauleastbay

Brian

Just fence the easement, the cost will have to be shared (like a boundary fence) and then have neither of you able to run stock in the easement. The stock owner cops it if stock get hit by a vehicle and then the lawyers start to bottom feed

If its an entrance gate and there no stock not a biggy.

Pete,, explaining anything to ignorant pricks is a waste of time, if he too lazy to shut a gate hes too tired to listen to reason.

The other option is let your stock accidently fuck his lawn and garden by a gate being left open
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April 21, 2010 10:59am
Brian Smaller

Thanks guys for your thoughts.

Cha – I think the Whangaeuhu Valley is the only place in NZ with a dedicated banjo shop:)

Is this person some kind og latee slurping weekend pretend lifstyler?

The guy in question is the former owner of the land I brought. He is a farmer. His opening gambit when we approached him about this was, and I kid you not, “I have plenty of money so will run you through the courts”. All I want is the gates kept shut to prevent 1)my stock getting out. 2)my dog getting out and 3)any kids getting out that may be on the property.
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April 21, 2010 11:44am
cha

A small consolation Brian, Mr Cuff and family have left the area, I think.

But the Whangeahu river…. O/ ….now there’s a worry.
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April 21, 2010 11:53am
redeye

Australian opposition Leader Tony Abbott has confirmed that the Coalition is considering a scheme which could deny the dole to people under 30.

http://www.abc.net.au/news/stories/2010/04/21/2878417.htm
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April 21, 2010 12:00pm
backster

Brian………….Thought of a cattle stop.
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April 21, 2010 2:08pm
LeftRightOut

Oh well, that’s that then – The Hitler Downfall parodies are disappearing like pakeha rights in NZ, one by one as take down notices slam youtube.

http://www.adelaidenow.com.au/the-downfall-of-youtube-hitler-spoofs/story-e6frea6u-1225856351560
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April 21, 2010 4:09pm
RightNow

I’ve finally figured out why Phil Goff has been mostly invisible lately, he’s busy posting as Spud over at Trev Alert.
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April 21, 2010 5:40pm
Hurf Durf

Brian Rudman supports terrorism.

Food for thought.
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April 21, 2010 5:58pm
krazykiwi

I see Dr Michael Mann is getting all litigious with Minnesotans For Global Warming for their Hide the Decline satire. What a dick.
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April 21, 2010 7:31pm
krazykiwi

A more complete analysis of threat of legal action, and of Hide the Decline II is here.
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April 21, 2010 7:45pm
krazykiwi

Hey this is quite cool: Givv. Donations aggregation service allows you to split a single amount over one or more charitable organisations. I think the social-good-without-government space is pretty cool. I also like the Kiva micro-finance model.
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April 21, 2010 7:55pm
Hurf Durf

Garfy Hughes talks a lot of crap.

Is it just the Greens voting for Locke’s crap bill then?
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April 21, 2010 9:06pm
Hurf Durf

Oh wait, Labour as well.

Curran’s still got that death glare on her face.
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April 21, 2010 9:10pm
Hurf Durf

Keith Locke about to break down in tears. Seven years of work down the toilet. Poor baby.
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April 21, 2010 9:24pm

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