week ten Flashcards
what is the definition of landlocked land in the property law act
a piece of land to which there is no reasonable access
what is the definition of reasonable access in the property law act
in relation to land, means physical access for persons or services of a nature and quality that is reasonably necessary to enable the owner or occupier of the land to use and enjoy the land for any purpose for which it may be used in accordance with any rights, permission, authority, consent, approval, or dispensation enjoyed or granted under the Resource Management Act 1991.
what happened in Branking v Maclean
mr brankin bought a landlocked piece of land, despite neighbours argument he got relief and compensation - in HC the compensation was only assessed on the detriment to the neighbours with no account for the benefit.
in the CA this was overturned, because the benefit to the applicant is just as important as the detriment to the neighbours
what case did the ‘willing buyer, willing seller’ come from
Jacobsen Holdings Ltd v Drexel
what happened in MacLaurin v Hexton Holdings
Hexton was pumping water under neighbours land to bottle in Gisborne.
They wanted to bottle on site. The HC said they were landlocked, they had the right to apply for a resource consent.
in the CA they overturned, land is not landlocked - they don’t have resource consent
what happened in Macken v Jervis
Dr Macken needed to cross over path B to get into her garage. the court could just make an order for the Registrar general of land to fix up its mistake.
what are the two types of meetings and votes in a body corporate
annual general meetings (ordinary resolutions), extraordinary general meeting (special resolutions)
what was the question for the court in Een v Body Corporate
whether the General Resolution was unjust and should be set aside under s210 of the Unit Titles Act
