An 84 year old Tauranga woman, Mrs Dalgleish, has been taken to court for trying to make the shared driveway of her home more appealing and attractive. She thought she was doing every one a favor by placing potted plants along the drive but instead found that a neighbor disliked the plants and found them to be a hazard. This was the dispute that lead up to her being in front of the disputes tribunal and ultimately having to place her home on the market.
They could not reach an agreement and the neighbor, who did not want to be named, said it was a legal issue, “On a cross lease, you can't put things out that the other person does not agree too. The neighbor who has been a resident for ten years was worried that the pots would cause more problems and were a hindrance should emergency services be required at the property or if there was a large delivery. This neighbor claimed that the plants were untidy, unattractive and distracting.
Mrs Dalgleish, has been buying the plants and pots for the past 18 months and has probably spent in the vicinity of $500 on the plants. She feels that she has no other choice but to sell her home. This is definitely a consideration if you are looking at downsizing your home and moving to a smaller property. You need to get along with the neighbors and find mutual grounds for communication. The disputes tribunal is available to sort out disagreements but it is much better for both parties if you don't get that far.
