Fencing is a shared responsibility

This is the fourth in a series of four about the most common disputes between Kiwi neighbours. reports.

Boundaries create a beginning and an end to your property. They give you definition about where you can plant your vege garden or where your kids can play.

But boundaries are always shared by two parties who have their own beginning and end and their own definition, which is why it’s so important to involve them if you want to impact your boundary.

You might want to betterdefine your boundary, increase your privacy or replace a barelystanding fence. Before you do anything, talk to the neighbour concerned about your plans like height, design, timeframe and cost.

And yes, even though it might be your idea, your neighbour should pay for half of an ‘‘adequate’’ fence (the definition of ‘‘adequate’’ is grey, but if you insist on using iron but they want to use wood to save on cost, they don’t have to pay more than half of the cost of the wooden option).

Both parties should agree on the construction and payment terms of the fence before it’s erected; if you don’t and decide to go ahead with construction anyway, you may have to pay for the whole thing - or worse still, pull the fence down at your own cost.

If cordial fence banter gets you nowhere, you do have a relatively straightforward legal option under the aptly-named Fence Act. The Fence Act lets you outline your plans in a formal letter to the neighbour concerned.

Once they have received notice, your neighbour has 21 days to object. If they don’t respond within that time, you can assume that they approve the build. (If you ever receive a notice under the Fence Act, pay attention and respond within that timeframe, because a fence that you might not want could appear in your backyard.)

If they do object, they’ll issue a cross-notice outlining their concerns and any counter proposals. If you can’t agree, you can take it further using mediation, arbitration, a Disputes Tribunal or a District Court, all of which will cost (both financially and probably relationship-wise with your neighbour).

Of course, issues with boundaries aren’t limited to fences. The legalities around blocking neighbours’ views can be grey, but ensuring you don’t is less about the rules and more about being a good person.

If a tree is on your neighbour’s side of the boundary but hangs over onto your side, you can trim branches and roots up to the boundary line (although it always pays to check that your neighbour is OK with it first).

Protected trees are a whole other kettle of fish though; you need council permission to trim or altogether remove these. And when it comes to fruit, that belongs to the tree’s owner (but if you’re a lemon honey expert, ask your neighbour if you could poach a bag-full then give them a few jars in return).

Fences, trees and boundaries define our neighbourhoods, but that doesn’t mean they need to define the dealings you have with your neighbours.

The better your communication, the better your relationships, and the more likely those boundaries will become invisible anyway. classifieds@mex.co.nz

123RF Fences can be used to betterdefine your boundary and increase your privacy but talk to the neighbour about your plans.