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Fence in the wrong place!

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  • Fence in the wrong place!

    I have a property in Mangere which I purchased few months back. The property received resource consent for subdivision and I have done the survey plan, with the intention of moving to next stage into building. LIZ approved the survey plan... However, the survey identified a surprise find... The current fence is incorrect that the actual boundary is almost 2 meters out from the current fence... In essence the neighbor has been using our land.. I would like to get it corrected and move the fence by 2m...

    I have talked to the neighbor and they said they are not happy to move the fence which is putting me in a limbo state.. I can take the full cost of fence if required...Is there anything I can do to enforce the change of fence so that I can claim the land that is legally mine? Appreciate the help...

  • #2
    Maybe a lawyer here can help.
    You could try a fencing notice since, in effect, there is no boundary fence if the fence is 2m to your side.
    Depending on how off-side you want to get with your neighbour you could just build a new fence I suppose.


    • #3
      doesnt matter whether your neighbour is happy or not the legal boundary has nothing to do with the placement of the fence.


      • #4
        Fence is on your land, get rid of it, then ask the neighbour if he wants to pay half for a fence on the proper boundary. Problem solved.


        • #5
          the fencing act has something to say about this. My understanding is that the boundary s the boundary some get cought out due to unsyrveyed boundary lines but this seems clearer?

          there are laws about encroachment and mistakes???


          • #6
            I know of a case where the fence was on the wrong line for years (50 or so) and the people ended up with some right due to that.
            I think you need a legal opinion and, unfortunately, none of the resident lawyers have turned up yet.


            • #7
              I also meant to say that, as the fence was a long way out (2m you said?) then you could claim that it isn't actually a boundary fence at all.
              20cm, 50cm maybe but 2m!
              If you don't mind getting totally off side with your neighbour (nothing like a fencing dispute to create neighbours at war) then remove the existing 'landscaping feature' and then issue a fencing notice.


              • #8
                do it the other way round and then he has to prove it is the boundary and his problem to do so


                • #9
                  If you are after some free legal advice on this issue, ring your local CAB. They often have an evening where lawyers give advice and fencing is one of the issues that is often dealt with.



                  • #10
                    I think Wayne is right here...it isn't on the boundary, so you would be within legal rights to remove it and issue a Fencing Act notice. That's an inflammatory thing to do of course, but so is insisting the fence stay where it is. Hopefully the neighbour just needs time to come to terms with the fact they have less land than they thought, and will calm down in time.

                    The post about getting rights to land is correct but my memory is very hazy as it hasn't come up in practice, so all I can remember on the subject is from law school 25 years ago. If I remember correctly it needs about twenty years of "open adverse possession" before the occupier gets a claim, but it really needs checking as to the current position.
                    Consultant, Vosper Law
                    07 827 6140 / 021 499 646 [email protected]
                    The Alpha Street Lawyer
                    | The NZ Property Lawyer


                    • #11
                      Yes I did some property law papers in Aussie and adverse possession just 12 years there.

                      We have an odd situation with a fence - we've gained a couple of metres of a park due to the council having laid pipes right on the boundary line.
                      It's worked out well for us.


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                      • #12
                        last property i bought has a fencing issue, it was discovered when the neighbours bought their house and found the boundary was wrong, i bought the house next door and was told by the seller about it, we had it surveyed at our cost ($1000) at the front of the property its 300 mm out to 500 mm out at the other end. I have had a fence priced at $4000. the neighbour has been avoiding me for a while and i think they think im happy to leave it but the extra land gives us enough space to run a driveway to the back of the property. what will really piss them off is their carport's legs are on our side of the boundary and it will need altering probably not giving thm enough room to get a car in


                        • #13
                          Thanks everyone.. I will try giving a fence notice.. I am talking to the neighbor this afternoon.