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Boundary claims

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  • LCS
    replied
    I might be a bit late on this one but anyway...

    It all sounds like rather petty behaviour from your neighbour. Lawyers are next to useless until you have proof of the boundary position.

    Tell him to get a Surveyor to replace the boundary pegs. They are the only ones who can legally define where the boundary actually is. Council have nothing to do with it. The fence is (in most cases) irrelevant when it comes down to arguments over those kinds of distances.

    Does he actually want a new fence in the right location? Even if the boundary is where he says it is, I suspect it would be up to him to move the fence (or negotiate shared costs with you) if the current fence is to a decent standard.

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  • Wayne
    replied
    Originally posted by OldMan View Post
    I measured his boundary poles (no pegs) and it is correct as per the Council plan, not even 1cm out. I'm willing to give him the 30cm but all I ask is, do it via the council.
    What do you mean by this?
    Are you saying he is correct and the fence is in the wrong place?

    Also, what are you wanting the council to do - surely it isn't their fault - they don't actually do boundaries.
    What would they agree to?

    If you feel the neighbour is right and the fence isn't on the boundary then you can either move the fence willingly
    or ask that it be surveyed and the pegs reinstated - pay half (it will save a few more lawyer $)
    or tell them to 'prove it'

    Then, of course, come the question of the cost to move the fence.

    Leave a comment:


  • John the builder
    replied
    it is still his land but I agree with Sahalodge burt can you prove it was agreed perhaos it was put there on purpose as another nirghbour wouldny pay? or there was a hedge there?

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  • Shalodge
    replied
    If the fence was erected by consent (tacit or implied) then advise him in writing that the fence represents the agreed boundary and that he is free to get a surveyor to peg it but what ever the result it will not change anything. These things are more a symptom of poor neighbourly relationships rather than any serious boundary dispute .. 300mm !! The fence might be wider than that... As my grand daughter says ... "Seriously !!!"

    Russell

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  • Damap
    replied
    Ignore Michael Oldman he doesn't even make any sense. If someone claims their property is in your boundary it is up to them to prove it. Costs you nothing.

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  • PTWhatAGreatForum
    replied
    Originally posted by Damap View Post
    Make him get it surveyed. Just ignore him and tell him he can't have access until he proves it is his property. Simple.
    That's what I would call the "lawyer option", which is fine for them as they profit from controversy. However, it's rather ill-considered advice especially considering the amount of stuff which legally requires a resource consent these days....

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  • Damap
    replied
    Make him get it surveyed. Just ignore him and tell him he can't have access until he proves it is his property. Simple.

    Leave a comment:


  • PTWhatAGreatForum
    replied
    Originally posted by OldMan View Post
    I cut a overhanging branch off one of his trees with permission. But he went back on his word
    Ok. I won't offer an opinion as to whether it was appropriate or not but normally these should or things are best achieved by knocking on their door and having a chat. Granted, it doesn't always work out as well.

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  • OldMan
    replied
    I cut a overhanging branch off one of his trees with permission. But he went back on his word
    Last edited by OldMan; 26-12-2015, 12:16 PM. Reason: did not upload

    Leave a comment:


  • PTWhatAGreatForum
    replied
    What did you do to piss him off? (Maybe nothing but it is a valid question)

    Wow, Auckland property prices are making people incredibly greedy and self centered. One of our fences gives a tad to the neighbor but we don't lose any sleep over it... not like we haven't got plenty of land.

    Leave a comment:


  • OldMan
    started a topic Boundary claims

    Boundary claims

    My Neighbour feels 30cm of his property is on my side of the fence. This has become really bad. Lawyers etc. and already costing a fortune. I measured his boundary poles (no pegs) and it is correct as per the Council plan, not even 1cm out. I'm willing to give him the 30cm but all I ask is, do it via the council. I will accept if the Council agrees with him. But all he does is giving me a hard time and demand access to my side due to the 30cm. Any ideas to get this guy to go and do it at the Council (It is all about getting access to my side of the boundary.
    Any Ideas, Thanks
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