Civil Law Assignment 2022

Running head: CIVIL LAW
CIVIL LAW
Name of the Student
Name of the University
Author’s Note

1CIVIL LAW
Fact 1
In the first scenario it is seen that due to massive upsurge in motel business Mark
provided the guests two quad bikes for driving up and down the right of way. In the right of way
there are some Ti trees which Mark plans to cut down for allowing a larger vehicle.
Issue
Whether the using of vehicles and cutting down of the trees are included in the Right of
Way under the property of New Zealand.
Rule
Section 4 of Property Law Act1, defines “vehicular right of way” which entitles land
occupier for passing with vehicles over registered easement land under Land Transfer Act2 or by
legally enforceable arrangement.
Section 6 of Land Transfer Regulation3, states right of way includes movement on
easement facility with or without machinery, vehicle or any implement; or with any farm or
domestic animal and also driveway establishing right for maintaining or repairing existing
driveway or altering easement land’s state; also keeping easement facility clean for driveway’s
enjoyment. In Walshe v MacRae4 the High Court applied the contractual interpretation’s
1 S.4 Property Law Act 2007.
2 Land Transfer Act 2017.
3 Schedule 4, S.6 Land Transfer Regulation 2002.
4 (2012) 14 NZCPR 71

2CIVIL LAW
orthodox principles for determining the parties’ intention when determining the meaning of
Easement.
Application
In this given scenario, Mr. Smith cannot stand with his objection in this scenario as
section 6 of Land Transfer Regulation5 gives Mark the right of using vehicles in the easement
land and establishing the driveway over the land concerned. Mark also has the vehicular right of
way over the land under section 4 of Property Law Act6. The Walshe v MacRae7 case can be
referred here. Further in the case Cambray North Island Ltd v Minister of Land Information
(2011) the provision of reasonable compensation for modification or extinguishing of easement
or covenant has been discussed.
Conclusion
On conclusion, the use of vehicles and cutting down of the trees are included in the Right
of Way under the property of New Zealand.
Facts 2
In this scenario it is seen that the motel guests arrived at the bay by boat from where they
either had to walk or were driven from the wharf up to a point ending at the edge of Frieda’s
farm who agreed to be granting the benefit of a covenant over her land to Mark. Mark had not
lodged the document for registration.
5 Schedule 4, S.6 Land Transfer Regulation 2002.
6 S.4 Property Law Act 2007.
7 (2012) 14 NZCPR 71