The Property Law Act 2007 (PLA) has 371 sections and has as its purpose to “restate, reform and codify (in part) certain aspects of the law relating to real and personal property”. S319 to 343 – provide the Court with special powers, which can be most useful for a lot of issues that occur in neighbour disputes and problems.
Special Powers of the District and High Court to Resolve Landowners Problems – Property Law Act 2007
The Courts special powers allow:
- The right to enter neighbours land if there is a need to erect, repair, alter, paint, demolish some structure on the owner applicant’s land that requires entry to do so. Special notice is required, and if there is a dispute, the Court has the power to make an order if it is necessary.
- Relief for the owner of a structure that is wrongly placed on neighbour’s land. The exercise of the Court’s power depends on how and why the structure was wrongly placed over the neighbour’s land. However, the PLA states that any issue over fences must be resolved under the Fencing Act 1978.
- Access to landlocked land, being land where there is no reasonable access, can be through a neighbour’s land. The Court has the discretion (depending on the circumstances) to grant reasonable access to that landlocked land.
- The power of the Court to order the removal or trimming of trees or the removal or alteration of structures. This section has been used on many occasions in relation to neighbour disputes, for example, the blocking of light, sunlight or view, which can be related to health issues or the undue influence on the enjoyment of an owner’s property.
- The division of property amongst co-owners which now enables:
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- An order for the sale of property and division of proceeds; and/or
- the division of property and its status; or
- the requirement that one co-owner purchases the other owner’s land.
These powers relating to co-ownership are subject to the Court’s discretion but it has been useful for:
- the conversion of cross-leases to separate freehold titles, which in Auckland has been a positive benefit for owners of cross-leases; and
- as a process to resolve disputes between co-owners where they can no longer be in a functional co-ownership relationship.
The Court’s Application of its Special Powers
The special powers of the Court to make orders often arise from contentious disputes between co- owners and also neighbours. It is advisable to seek legal advice as to what rights you may have as a property owner in a dispute to see if you can proactively seek an order of the Court, or to defend, an application brought under s319 to 343.