Whose fence is it?

[Curious]

Hi how can I find out who owns and is responsible for a particular stretch of a fence? During a stormy weather a few weeks back a fence between mine property and the neighbours fell down (it was in a pretty bad condition) and I'm trying to figure out if it's mine or the neighbour's fence. Both properties are rentals and I wouldn't be surprised if the next door owner wouldn't even know it's down. And if it's found to be his fence can I make him to repair it even if he isn't willing to? (not that we had a chat about it yet, just asking).

[artemis]

There is a good summary here.

http://www.consumer.org.nz/reports/fencing-law

Basically, if it is a boundary fence both owners are responsible, and there is a clear process to follow.

[Wayne]

I don't understand why you would think the fence belonged to one or the other?
If it is affecting you then it must be on the boundary so you both 'own' it.

[Curious]

Artemis - thanks that's very helpful.

Wayne - because in some other countries that's the way it is. Hence my question to learn how it is over here.

[Wayne]

Sorry - I didn't realise you weren't from 'over here'.
All good.
Fences are a great source of dispute so good luck.

[Ivan McIntosh]

Fences on boundaries are a joint responsibility, unless there is a covenant or the like saying otherwise.

Having said that, some fences aren't on the boundary...they are one side or the other for various reasons, such as the owners being unable to agree on the type of fence, so one avoids the argument by erecting it on their side in the form they want.

[klauster]

In most cases the Fencing Act will apply (both owners are jointly responsible and share the costs for the fence on the boundary)
But there are many reasons to own the fence and the land, and not to share the costs for design or disputes reasons or whatever. If you want to be sure find the boundary pegs and go from there.

[donna]

I had an interesting situation a few years back - one of our properties shares a boundary with a council owned park. When I approached the council to get a fence put up they said they would not contribute to the costs. What do you say - "well you just have to" - and they say "make me" and it ends up costing you in legal costs. We really wanted the fence up so we put it up at our expense. Government creates the rules but they don't have to follow them.

cheers,

Donna

[Foglefar]

Could the small claims court have worked with that council? Or getting the media involved - they would love the hypocracy story.

[artemis]

I had an interesting situation a few years back - one of our properties shares a boundary with a council owned park. When I approached the council to get a fence put up they said they would not contribute to the costs. What do you say - "well you just have to" - and they say "make me" and it ends up costing you in legal costs. We really wanted the fence up so we put it up at our expense. Government creates the rules but they don't have to follow them. cheers, Donna

Hmm, I thought local authorities were bound by the Fencing Act unless there is a specific covenant under s 6(2). Could you have issued a fencing notice and then gone to the Disputes Tribunal if no joy?

[donna]

We were motivated to get the fence up pronto so we just did it. What annoys me is that they said they won't contribute - even though they knew they were legally bound to. What gives them the right to 'try it on' in the first place. This wouldn't be an isolated case - I suspect it happens all the time.

cheers,

Donna

[Shalodge]

There is an exemption for TAs to contribute where the land is road reserve. A lot of council land that looks like a park is actually designated road reserve. Ill see if I can find a reference.

Sect 3 Fencing act ...http://www.legislation.govt.nz/act/p....html#DLM21869

[Davo36]

I had an interesting situation a few years back - one of our properties shares a boundary with a council owned park. When I approached the council to get a fence put up they said they would not contribute to the costs. What do you say - "well you just have to" - and they say "make me" and it ends up costing you in legal costs. We really wanted the fence up so we put it up at our expense. Government creates the rules but they don't have to follow them.

cheers,

Donna

Yep, Donna I agree with every word. They take really unreasonable approaches to many situations and there's nothing you can do about it. Which can tend to make one quite miffed. Especially when it's costing you thousands of dollars.