In 2013, Ms. Lin acquired the land that was under the water easements. At that time, the owner of the land that benefited from the water easements was Kiwi Trustee Limited. After Ms. Lin bought the property, her farm manager had problems with Kiwi`s property inventory scattered across her land. Ms. Lin therefore had the property and the servitude areas examined. It was found that the water pipes had been laid outside the servitude zone defined in the registered easement. Ms. Lin`s farm manager laid the pipes in the easement area, fenced the property, and issued trespass notices to prevent Kiwi from accessing the water supply unless the registered easement allows it. Who is responsible for the pipes? Learn more about the water and wastewater supply point. The conditions under which we provide you with water and wastewater services The judge referred to the provisions of the Transfer of Land Act 1952, which provide that the title of registered owner was of paramount importance.
The judge said that Ms. Lin`s knowledge of the neighbor`s use of the water supply in a way that added to the rights conferred by the registered easement did not constitute „fraud” by Ms. Lin, nor did her behavior „affect her conscience” to give Kiwi the additional rights. As a result, the judge ruled that Ms. Lin was only subject to the land by the registered easements and that the reservation should be lifted. Kiwi opposed the displacement of the pipes. She hired lawyers. She made a reservation against Ms.
Lin`s title, claiming that she had „equitable” servitude rights in addition to „equitable” rights under registered easements. She also initiated proceedings to interfere with her rights under the easement. Kiwi highlighted the behavior of the land owners after the easements were registered, which showed that they accepted the additional rights. Kiwi also complained that it could not properly access the water supply now, as part of the servitude area registered in the registered servitude was too steep and some too swampy. Ms Lin argued that she had acted within her rights under the registered easements and that she had not infringed Kiwi`s rights. She disagreed that it was not practical to use the registered servitude area to access the water supply. The new owner allowed him to do so. These informal agreements continued even after the change of ownership of both properties. As the judge said, „In a fairly traditional agricultural way, everyone considered it a `give-and-take` agreement.” Service water and wastewater charges, CBT and other fees (valid july 1, 2020) Non-domestic water and wastewater fees, T%C and other fees (Valid July 1, 2020) If you need a printed copy of the contract, please call (09) 442 2222 or email firstname.lastname@example.org and we will send you a copy. When you become a De Watercare customer, you automatically enter into a contract with us.
The contract is a legally binding document. It states: The customer contract sets out our obligations to you and your responsibilities Charter of Commissioners (PDF) It describes the opposition procedure for infrastructure growth charges. . . .