Fences can be a source of con­tention

Auckland City Harbour News - - NEWS -

to say who should and why.

The no­tice should also clearly state that if your neigh­bours don’t come back to you within 21 days they agree to the pro­posal by de­fault, ef­fec­tively lose their right to com­plain and will have to split the cost as pro­posed.

A neigh­bour ob­ject­ing to your pro­posal or not want­ing a new fence should serve you with a cross-no­tice, out­lin­ing ex­actly why they ob­ject, sug­gest­ing al­ter­na­tive op­tions, and reach­ing you within 21 days.

The point of the fence no­tice process is to get both par­ties’ ob­jec­tions out on the ta­ble in or­der to come up with a so­lu­tion that ev­ery­one agrees on.

On­go­ing dis­putes can be taken to the Small Claims Tri­bunal, Dis­putes Tri­bunal or a dis­trict court for a fee.

A new fence should be built right on the bound­ary line or as near to it as prac­ti­cal. Bound­ary fences shouldn’t be erected on pri­vate land, un­less the owner of the prop­erty agrees.

The posts should be planted on the bound­ary line and if there aren’t any posts the cen­tre of the fence should be po­si­tioned on it.

Re­mem­ber, the con­struc­tion of a fence shouldn’t make ei­ther side lose out. A landowner can ask the coun­cil to re­move any fence in­fring­ing on their prop­erty at the ex­pense of the per­son who erected it.

If the worst comes to the worst, you’re free to build the fence your­self on your own prop­erty – as long as it’s en­tirely on your land and you pay for it.

You’ll prob­a­bly risk the friend­ship of your neigh­bours, plus there’s noth­ing stop­ping them from ask­ing for a bound­ary fence fur­ther down the track.

Th­ese rules don’t ap­ply to dam­age though.

You have no obli­ga­tion to help pay for a new fence that a neigh­bour has backed into with a car.

If they de­stroyed need to pay.

Visit your lo­cal Cit­i­zens Ad­vice Bureau or Google ‘Fenc­ing Act 1978’ for more in­for­ma­tion about fences and man­ag­ing fence-re­lated dis­putes with your neigh­bours.

it, they

Fence rules – is it built on a bound­ary? Has ev­ery­one agreed to pay? What are your rights?

Newspapers in English

Newspapers from New Zealand

© PressReader. All rights reserved.