Would you pay $137,000 for a property you couldn't see? NZ home sold without access

By
Colleen Hawkes
September 12, 2018
This derelict bach sits on 6.4 hectares in Towai, Northland. But there is no access to the landlocked site, so it will have to be sold sight unseen, unless you view it by helicopter or drone. Photo: Stuff.co.nz

This 6.3 hectare block of land in the Far North of New Zealand is cheap at NZ$150,000 ($137,000) but there’s a catch – you can’t get to it.

The block, which comes with a derelict bach – a holiday home – has no legal access, and owner Paul Crewther says you cannot view the property on foot.

You could possibly hire a helicopter to take a look, or send a drone up, but otherwise you would have to buy it sight unseen.

Crewther, who is selling by private sale, told Stuff he believes the Māori family that owns the surrounding land subdivided it back in the 1920s, but neglected to give access to this block.

To gain access a potential owner would need to negotiate with neighbours to the north or south, or “seek relief under section 327/328 of the Property Law Act”.

Crewther said his own solicitor has estimated the cost of going to the High Court to obtain legal access as being between NZ$20,000 and NZ$40,000, but potential buyers would need to discuss this with their own solicitor.

The owner said he bought the land in 2016 and had plans to build a house some time in the future. He said he would like to keep it, “because it was our dream property and I know we will never find another like it”.  But he has another building project on the go, which is taking all his funds.

He said it may be possible for a new owner to rebuild the bach. “The house is derelict. But I enquired with the council who confirmed they could see a building was visible on satellite, but had no plans or permits for it. They suggested that it was built by Maori Affairs who were not required to get permits or inspections.

“Even after legal expenses this would be the cheapest lifestyle block around. There are several options for vehicle access.”

Crewther said there are several flat building sites with great views. “There are two streams running through the property for water and power generation. Use the wireless broadband rural network for internet, satellite TV and a septic tank and you have the complete off-grid getaway.”

Crewther said he is not interested in conditional offers. “Finance isn’t realistic because banks don’t like to lend on a landlocked property. Building inspection is pointless; it’s already declared derelict. Any contract must be unconditional and cash.

But he does say he undertook extensive research before buying the block and understands exactly what is involved in getting legal access.

“I have since studied hundreds of section 327 cases and have found a precedent (for an inevitable counter argument: knowledge of access at purchase),  which will save a solicitor a lot of work. Once unconditional I will forward this and correspondence between myself and the neighbour. There is also other information that would assist at a hearing.”

The original listing for the property, by First National, Whangarei, described it as having “outstanding valley views, native trees to cool off in summer, or take a dip in the stream that runs through the property”.

This story was first published by Stuff.co.nz

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