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Fence bust up who is right?

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  • donna
    Administrator
    • Aug 2003
    • 10072

    #1

    Fence bust up who is right?

    Neighbours at war is often caused by boundaries and fences.

    Strong fences make good neighbours!

    So who’s right the developer on one side, homeowner on the other?

    Developer wants his new 5 units to look good with a new fence but wants the neighbour to cough up 50% of the cost....
    June Peka says her fence is fine. Guy Randall says it's rotting and crumbling. A lawyer says this war of words is what makes fencing law “notoriously difficult”.
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  • McDuck
    Fanatical
    • Apr 2005
    • 4377

    #2
    Originally posted by donna View Post
    Neighbors at war is often caused by boundaries and fences.

    Strong fences make good neighbors!

    So who’s right the developer on one side, homeowner on the other?

    Developer wants his new 5 units to look good with a new fence but wants the neighbor to cough up 50% of the cost....
    IMHO, it depends.

    If the chap next door likes rustic farm type looking things, then the developer should just leave him alone.
    He's already stuffed up his view with a monolithic block.

    But if the chap next door has the money, has no style preference, and is just being cheap, then the developer should still pay for it all, just to get things moving.

    The best outcome for the developer, in this case is, to get the chap next door to pay for the minimum amount to repair the fence.

    The court might be more sympathetic to the developer, depends on the judges view on rural chic, compared to post modern monoliths.

    Comment

    • donna
      Administrator
      • Aug 2003
      • 10072

      #3
      It's an ugly fence and the homeowner has a nice period home so she should get the developer to fork out the full cost of a new fence - then it's a win-win - better for her property.

      This development co. has a history of moving in and stamping out arguably ugly builds and then finding fault with existing fences - using the Fencing Act to support their claim for sharing the cost of replacement fences.

      Click image for larger version

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      sourced from Wolfbrook Property Group = wolfbrook.co.nz

      cheers,

      Donna
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