Fence

[Krish Van Colombo]

Good day,

Do share your Fencing (Not ‘mensur’, the sword fight ) experience with me. In short, I want to put a fence to my rental property. From the look of the way my neighbor live, I doubt they will chip in. Since we have to love thy neighbor how I should proceed on doing this? I heard about a 1978 fencing act. But I doubt any laymen herd about this. Do I have to educate the neighbor regarding this? I would like to hear your thought, and past experience regarding this.

Appreciate your time taken to write a response.

[Monkeyboy]

Most people know of the act and you pay half each for fences. It needs to be an adequate fence and that is sometimes where it falls over. What one person feels is adequate is different to another.

My story

The neighbour of my parents subdivided his land and didn't like the huge macrocarpa fence. So he asked for a replacement fence from my folks who liked the hedge so said no the fence is adequate thanks. He then proceeded to cut the hedge from his side and destroyed the hedge. The trunks were on my folks side but he cut into them and just stuffed it up. He then gave them a fencing notice to pay for half the fence and again they said no so off to tribunal, p*&$%ed off more than anything now. Went to tribunal and at the hearing it was brought up by my folks that 1. there was an adequate fence and 2. because he is making money so a commercial type situation the fencing act doesn't apply. (this was possibly dubious), but there is something in the act which relates to it.
Ruling was half each. Why - well it turns out it is better that all the fences look the same for the benefit of the subdivision whether there is/was an adequate fence and "the law doesn't apply hear as this is a fencing case", this was the quote by the adjudicator. Didn't appeal.

[Green Fish]

http://www.legislation.govt.nz/act/p.../DLM21807.html


Essentially, the neighbour has to chip in, but only for the cost on an "adequate" fence. So you can't build a marble wall and then make the neighbour pay half the enormous cost.

As to what is "adequate", it depends on the location. In a rural zone, an adequate fence is the standard 7-wire fence. In the suburbs, you are entitled to have a more substantial fence, such as planks on a timber frame. You get into the "grey area" when you get into concrete blocks etc.

[John van Rensburg]

Most people forget the notice s13 Fencing Act so if it comes to Disputes Tribunal they lose for not following the act. On significant boundaries that can't be resolved amicably speak to your local lawyer.

JP