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Simmonds v Rombouts [2019] NZDC 22875

Published 21 September 2021

Easements — right of way — obstruction — enforceable undertaking — Property Law Act 2007, s 317. In a previous judgment related to the same matter the Judge, having found that a right of way existed between the parties' properties and that the respondent had obstructed the right of way, invited the respondent to give an (enforceable) undertaking to not further obstruct the right of way. The respondent had provided an undertaking which the Judge accepted, noting that the only way this matter could return to the Court would be if the respondent chose to bring an application under s 317 of the Property Law Act to extinguish the easement; or if she breached the undertaking by obstructing the applicants' access to right of way, in which case she could face contempt of court proceedings. Judgment Date: 18 November 2019.

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