Fencing disputes fall under court jurisdiction
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IT CAN take more than No 8 wire ingenuity to mend fences between neighbours – especially if a fence is the reason for the row.
Few issues divide neighbours quicker than working out who owes what when it comes to building or repairing fences between properties.
That’s why the Fencing Act was passed in 1978.
It requires neighbours to contribute equally to the cost of an “adequate fence”, provided the act’s procedures are followed.
The neighbour who wishes to work on the fence must first serve written notice on the homeowner next door, specifying the proposed type of fence or nature of the repairs.
This notice must estimate the cost, and detail how and when the work will be done.
It should also state that if the neighbour does not object to the proposal within 21 days, they automatically become liable to contribute to half the estimated cost. (There is no liability to contribute until the 21 days have elapsed).
Any objection should be written down in a “cross notice” and given to the neighbour before the 21 days expire. If this is done, there is no automatic obligation to contribute to the proposed work.
Any cross-notice should explain the reason for the objection and can include a counter-proposal. The counter-proposal may, for example, vary the height or nature of the fence, or propose alternative approaches to construction.
It is then up to the parties to hammer out an agreement over the proposed work.
Where agreement is impossible, the parties may refer their fencing duel to the Disputes Tribunal to determine if there is an “adequate” fence or if it needs replacing or repairing.
What is considered adequate will depend on the circumstances of each case.
For example, in the country this may be a wire fence. But in a suburb something more substantial may be demanded.
Among the fencing the act deems appropriate for urban homes are post and rail, panel, boarded, picket and masonry walls.
If necessary, a Disputes Tribunal referee will visit a property to see whether work is needed.
The referee’s decision has the same effect as an order from the court. Where access to the adjoining neighbour’s property is needed to do the work, a tribunal can authorise entry on to the property, even if the owner objects.
Where work on a fence is completed without following procedure, there is no obligation to contribute to the costs. That is unless the respective neighbours are already bound by an existing fencing agreement.
These agreements can be registered on the title of the property and will bind successive owners.