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Property Boundary Issue

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  • Property Boundary Issue

    I own a residential property in Auckland. Next door is a Kindergarten, they are extending the building and construction is underway. They have removed the boundary fence and promised to re-erect it afterwards. However they have built a concrete block firewall right up to the boundary, I was under the impression it had to be 300mm from boundary, but it is not. There is now no room for the boundary fence to go back up and if they attach the guttering to the wall, it will protrude over the boundary and water will flow into my property.
    Problem is there are no boundary pegs. I have contacted council who have advised me to appoint a surveyor to establish the boundary pegs. This would be at a cost of $1800 to me. I have been going from person to person at council repeating the story. They will not come out and inspect under my instruction.
    I spent 2 hours at council a few days ago and once again passed around from person to person. All they have said is they have flagged it, so next time the Kindergarten ask for an inspector for their CCC they will have a look at it.
    Not sure what to do or where to go, because this sort of thing is out of my scope of knowledge.

  • #2
    gutter could go on inside as a internal gutter (and you could insist on this)
    Get a copy of the consent plans?

    The CCC is issued at completion? that is too late The wall if a fire wall needed to be inspected by council at foundations. Thery should have at least asked for siting certificate from the builders land surveyor

    Did you sign away any permissions for them to build? Is it a residiential area? Building in yards usually mean neigbours consent
    Building usually requires boundaries to be pegged by consent holder not neighbor. It is incredible that they have built on boundary and not had it surveyed? The wall on the boundary becomes the fence.

    Firewalls can be on boundary. The 300 rule allows for open structures such as carports.

    get a lawyer................?

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    • #3
      hope you've written to the kindergarden

      stating your concerns

      write again asking them to show you the boundary pegs

      offer to meet half the cost of the surveyor if they admit they don't know where they are

      state due to their non-show of good faith by constructing something different than agreed or without an agreed boundry

      that you will intend to stop their getting a code of compliance until they prove they comply
      Last edited by eri; 20-04-2018, 10:46 AM.
      have you defeated them?
      your demons

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      • #4
        that you will intend to stop their getting a code of compliance until they prove they comply
        I dont think you have power over their CCC but rather allege that they have built over the boundary because you believe the fence was not positioned correctly and cc to council. They then have to prove at their cost that the wall isnt over the boundary. Bare in mind that a land surveyor can massage tolerances to get a line in a more favourable spot?

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        • #5
          I did sign a consent form a long time ago a year at least. But there has been a lot of changes since. As they said they would put the boundary fence back up and now they are not cause there is obviously no room. I didn't realize when I signed permission that they would be building over the boundary, that was not made clear.
          Also at the back of the section they have built their own timber fence inside their property, but attached it with steel brackets to the boundary fence. So if I wanted to upgrade that fence at any time in the future, I couldn't because theirs would fall down, this I have been told is a civil matter.
          Getting a lawyer is going to cost me thousands, that I don't have

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          • #6
            I dont think they can build a fire wall on the boundary It has to be on their lot (inside the boundary) If it is on the boundary or over it then there are special providsions to stop the nieghbour removing his part of the wall and compromising the fore protection.

            It sounds like you inadvertently gave permission for the building in the yard close to your boundary Owners should never sign these approvals.

            But building over the boundary is a different issue. I dont think you signed that away as council would have had to get certfication for this including something on the titles.

            It is possible that the fence is on their side and the fence isnt actually the boundary

            I would be writing to council stating that you now believe the wall is over the boundary and contrary to the building act. That would force councils hand and they then require the consent holder to verify (and rectify if required).

            This could well be a council stuff up as they are supposed to check these things. (and sight the pegs?_If it is close the usually require surveyors certificate.

            Regards the fences it does matter where the line is as to who owns but the fencing act prevails

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