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Prescott v Blake Barlow [2023] NZDC 24802

Published 07 November 2024

Application for permanent injunction — easement — right of way — obstruction — Property Law Act 2007. The plaintiff sought a permanent injunction in relation to the defendants' plans to alter a retaining wall on their property, which would possibly interfere with an easement that allowed the plaintiff passage through the defendant's land onto her own property. The easement provided the plaintiffs' only access to their property, and she was concerned that the work on the retaining wall was going to be done without a building consent or engineering advice which risked damage to the access way. The defendants asserted that they no longer wished to build on their land, nor undertake any work on the retaining wall. The plaintiff argued that the issue was still live, and a permanent injunction should still be granted to protect her from any future breaches of her rights in regard to the easement. The Court disagreed, reasoning that although the plaintiff's concerns were genuine and justified, there were no intentions to work on the retaining wall, and therefore there was no continuing wrong that justified the granting of a permanent injunction. The application was dismissed. Judgment Date: 20 November 2023

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