Boundary Fence Disputes
30/08/2011 by Admin
Whether you're in the country or in town, dealing with your boundary fences can become an aggravating issue with your neighbours. This article looks at what the law says, and also how it can be applied to some specific fencing issues.
Brian and Sue next door want to upgrade the boundary fence. You are quite happy with what is there already; its been there a few years, but it does the job.
Stock is getting into your paddock through a hole in the fence. Your neighbours, Sarah and Emily don't care too much and refuse to help pay for fence repairs.
Paul and Trudy are subdividing their farm on which there are number of give and take boundary fences; these have never been an issue up until now. It is a very old survey and the sub-divisional survey clearly shows part of the subdivision is on the neighbours land.
What the law says
The Fencing Act 1978 provides sensible procedures for the construction or repair of a boundary fence between neighbours.
The Act sets out minimum standards of fencing required for urban and rural properties. Where an adequate fence does not already exist, occupiers of adjoining properties must contribute equally to the cost of a fence. There is provision for give and take fences where the true boundary is difficult to fence.
The Schedules to the Act provide suggestions for adequate boundary fencing for both residential and rural properties.
There really should be no need for a fencing dispute to arise between neighbours, and it doesn't happen that often. But when it does, it often becomes emotional and time-consuming and expensive for all concerned.
The process
When building a new fence or repairing an existing structure, its prudent for neighbours to have a simple fencing agreement between them. This would confirm the type of fence and its cost, the survey costs if the boundary pegs cannot be found, cost of materials and the proportion paid by each owner.
You should also include the method of payment to cover the costs of materials; these costs can be quite substantial and a fencing contractor may need to be reimbursed for these before construction actually begins. Remember to include the name of the contractor (if there is one) and define the liability of each owner. The total cost may vary according to the arrangements between the parties.
If the adjoining property owners can't agree, there is a procedure and form in the Act where one property owner gives the other a notice specifying the fence that they require and giving them 21 days from the date of service to respond.
The adjoining owner then has 21 days to deliver a cross-notice of objection to that kind of fence. If the two parties can't agree, then the Disputes Tribunal may be the next step if it is within its jurisdiction or, failing that, the District Court.
And what happened to our three couples and their fencing woes?
· Brian and Sue can't make you pay for a new fence when the existing fence complies with the minimum standard
· Sarah and Emily are obliged to contribute to fix the hole in the fence, and
· Paul and Trudy need the adjoining owner to consent to the subdivision and may have to compensate them for the loss of this land.
Neighbours are generally very cooperative when deciding on boundary fences. If there is a dispute, however, the Fencing Act provides very straightforward and effective rules.
Brian and Sue next door want to upgrade the boundary fence. You are quite happy with what is there already; its been there a few years, but it does the job.
Stock is getting into your paddock through a hole in the fence. Your neighbours, Sarah and Emily don't care too much and refuse to help pay for fence repairs.
Paul and Trudy are subdividing their farm on which there are number of give and take boundary fences; these have never been an issue up until now. It is a very old survey and the sub-divisional survey clearly shows part of the subdivision is on the neighbours land.
What the law says
The Fencing Act 1978 provides sensible procedures for the construction or repair of a boundary fence between neighbours.
The Act sets out minimum standards of fencing required for urban and rural properties. Where an adequate fence does not already exist, occupiers of adjoining properties must contribute equally to the cost of a fence. There is provision for give and take fences where the true boundary is difficult to fence.
The Schedules to the Act provide suggestions for adequate boundary fencing for both residential and rural properties.
There really should be no need for a fencing dispute to arise between neighbours, and it doesn't happen that often. But when it does, it often becomes emotional and time-consuming and expensive for all concerned.
The process
When building a new fence or repairing an existing structure, its prudent for neighbours to have a simple fencing agreement between them. This would confirm the type of fence and its cost, the survey costs if the boundary pegs cannot be found, cost of materials and the proportion paid by each owner.
You should also include the method of payment to cover the costs of materials; these costs can be quite substantial and a fencing contractor may need to be reimbursed for these before construction actually begins. Remember to include the name of the contractor (if there is one) and define the liability of each owner. The total cost may vary according to the arrangements between the parties.
If the adjoining property owners can't agree, there is a procedure and form in the Act where one property owner gives the other a notice specifying the fence that they require and giving them 21 days from the date of service to respond.
The adjoining owner then has 21 days to deliver a cross-notice of objection to that kind of fence. If the two parties can't agree, then the Disputes Tribunal may be the next step if it is within its jurisdiction or, failing that, the District Court.
And what happened to our three couples and their fencing woes?
· Brian and Sue can't make you pay for a new fence when the existing fence complies with the minimum standard
· Sarah and Emily are obliged to contribute to fix the hole in the fence, and
· Paul and Trudy need the adjoining owner to consent to the subdivision and may have to compensate them for the loss of this land.
Neighbours are generally very cooperative when deciding on boundary fences. If there is a dispute, however, the Fencing Act provides very straightforward and effective rules.
