Don’t sit on the fence
Far North Citizens Advice Bureau (CAB) volunteers know more than most about disputes over fences and boundaries.
They are frequently asked about neighbours’ rights when conflict arises.
The ultimate action would be to go to court, but talking to the neighbour first was a good place to start, according to CAB Far North chair Gay Ansley. However, sometimes that wasn’t enough.
“If you have a fence problem, phone, email or visit the CAB; we are a group of volunteers who are trained to listen,” she said.
“Because every case has its differences, we work on the principle of giving people options to fit their particular problem. It may be a blocked view, a tree that is shading the house or a fence that is falling down.”
Boundary fences, as shown on the Certificate of Title, were governed by the Fencing Act 1978, and could not be changed without the consent of the owner and anyone else whose property was affected. If there was a dispute, either property owner can have a surveyor establish the boundary lines.
The local council would only become involved in a dispute if there were concerns that a fence or outbuilding was in breach of building consent requirements, for example where a building or structure was too close to the boundary or fence.
The cost of work on a boundary fence was generally shared between neighbours, Ms Ansley said. That could be arranged with a verbal agreement, but CAB recommended that it be done in writing. If an agreement could not be reached, a Fencing Notice, a formal proposal to the neighbour outlining the details of the work, which must give the neighbour 21 days to object, could be used. A cross-notice could be issued by the neighbour within the 21 days, outlining objections and suggesting counter-proposals.
“Either way it’s important to check with the neighbour before starting any construction, and advising whether or not their counter-proposals are acceptable,” she added.
“If discussion about a Fencing Notice or the location of the boundary doesn’t work, paying a fee for mediation through the Disputes Tribunal is cheaper than taking legal action. However, residents can apply to the District Court for an order to remove or alter a fence that is affecting land or obstructing a view. CAB recommends seeking legal advice before going to court.”
CAB Far North’s service is free to all individuals. Information, guidance and support is confidential and impartial. Contact the bureau at the Procter Library building, 6 Cobham Road, Kerikeri, freephone 0800 367-222, email farnorth@cab.org.nz
The service is open Monday to Friday from 9.30am to 3.30pm.