Road stopping
General information | Who can apply for a road to be stopped
| Process overview | Application
General information
Road stopping is the term given to removing the legal road status to that of
a freehold title. We can sell this strip of
land only when the road status is removed and the freehold title issued.
Road stopping occurs only where land is legal road. This
includes:
- the grass berm
- footpath
- actual road.
It could be that no actual road has been formed on the land
and that is grassed or illegally built over by, for instance a garage or deck.
Customers wanting to apply for permanent road stopping generally have an
existing need:
- they have illegally built their garage, fence,
deck on the legal road reserve or
- they own all the adjoining properties and want
to include the road in their redevelopment.
The road stopping process is governed by the Local
Government Act 1974. As part of the process required under this act, the proposal
to stop the road will be publicly notified at some point.
Applicants are also expected to meet all our costs,
including, survey, valuation, legal and LINZ costs and pay current market value
for the land.
Note - We reserve the right to
exercise our discretion not to sell the land at any point during the
application process.
Who can apply for a road to be stopped
Normally only the immediate adjoining landowners can apply
to stop a road. Any other applicant is likely to have their application declined
unless they can obtain the prior written consent of all other adjoining
landowners.
Only those properties immediately next to the land in
question are adjoining owners. It does not include the next door neighbour who
is one or more properties removed.
Process overview
This is a brief overview of the road stopping process:
- Initial enquiry into whether area of road is surplus to requirement made.
- Formal application put in along with signed consents from service
authorities and adjoining landowners.
- Arrange valuation of the land.
- Arrange the survey of the land.
- Agreement for sale and purchase drawn up.
- Matter reported to appropriate community board and council committee
seeking formal approval to the stopping.
- Stopping publicly notified for forty days.
- If objections received, matter referred to environment court or process
halted.
- If no objections received road is then declared stopped.
- Land is transferred by amalgamating it into
the adjoining land owners title.
Applications
To apply for road stopping you will need
To
view PDFs download Acrobat Reader from the
Adobe
website. Further
help on how
to view PDFs.
Note - We cannot guarantee that applications received will be approved through all steps of the process.
Updated March 2008
