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  1. #1

    Default Boundary Dispute

    We have a boundary dispute which is starting, claiming the fenceline is out of line in our favour by 2.5 metres. We have been given a surveyors map, which has references to the various ages of the established fences.

    Does anyone know why the fencing's age is annotated? The fencing was less than 20 years old when the old survey map was done. Our copy of the survey map has the date of survey truncated.

    Is there a rule that an established fenceline eventually becomes de-facto?

    Thanks for any advice.

  2. #2
    Join Date
    May 2004
    Location
    Bay Of Plenty, NZ
    Posts
    3,604

    Default How??

    Quote Originally Posted by KapitiInvestor View Post
    We have a boundary dispute which is starting, claiming the fenceline is out of line in our favour by 2.5 metres. We have been given a surveyors map, which has references to the various ages of the established fences.
    How have you been advised that the fence is in the wrong place? Verbally with the surveyor's plans handed to you? If so, don't do a thing. These plans could well be have been superseded.

    The onus would be with the neighbour to LEGALLY PROVE that the fence is in the wrong place. This may mean that they need to get a survey completed. and this may stop them proceeding as it can be quite costly.

    Is there a rule that an established fenceline eventually becomes de-facto?
    No.

    It is up to your neighbour to prove that the fence is in the wrong place.
    Patience is a virtue.

  3. #3

    Default Further details

    The plans were posted, attached with the business card of a surveying consultant.

    The document looks to be historical, showing a fence in the wrong position at that time. Its not clear if the current fence is the fence that was surveyed then. There are two pegs marked in the survey, for the corners of the section and the corner of the surveyed fence.

    The current fence lines up with a peg, but there is only one peg so which peg is it?

  4. #4
    Join Date
    Nov 2005
    Posts
    3,286

    Default

    I understand your thinking about a de facto boundary. This is sometimes the case in some countries. In the UK, as far as I know, a traditional walking track across someone's land becomes a legally established track after 20 years if not challenged earlier. Not quite the same thing but similar.

    I do not think such rules apply here though.

    I suggest you read the fencing act quickly.

    I do not agree with the earlier coment that the onus is on the other party to prove your fence is in the wrong place. If it is on his land then he has every right to pull it down and set up his picnic table on "your" land. The onus will then be on you to prove that he is trespassing. Going up to him and threatening him if he does not step back to 'his' side could land you in trouble with the police.

    I suggest you make an arrangement to get a neutral surveyor to compilke a report, perhaps getting him to pay for it.

    If he is right then unpleasant as it may be you should move back to your side and put yourself in his shoes.

    xris

  5. #5
    Join Date
    Apr 2008
    Location
    Auckland
    Posts
    60

    Default

    Get a local architect to verify the survey drawings. They should know what to do, what to look for and how to guide you towards the next steps. If they don't, find one that does.

    There's a difference between cadastral survey and topographical survey. (they both look the same) Check the survey drawings accurately for the exact purpose it was drawn up for (should be mentioned somewhere on the drawings). Theoretically, only a survey done specifically for this purpose of fencing dispute can be accepted as evidence in the justice department. But I have seen mediators of dispute tribunals accepting alternatives.

    If the fence is out by 2500mm, it should be quite obvious.

    Hope this helps.
    I believe in Time, not timing.

  6. #6
    Join Date
    Jun 2005
    Location
    New Plymouth
    Posts
    150

    Default

    Our regional council has Ariel photos on their website for all of taranaki. You can zoom in and check each property out. A quick look may help as the boundry lines are highlighted, you would be able to see 2.5 metre difference.in where the fence is actually built.

  7. #7
    Join Date
    May 2004
    Location
    Bay Of Plenty, NZ
    Posts
    3,604

    Default

    Quote Originally Posted by xris View Post
    I suggest you read the fencing act quickly.
    It's got nothing to do with the Fencing Act. It's to do about boundaries.

    I do not agree with the earlier comment that the onus is on the other party to prove your fence is in the wrong place. If it is on his land then he has every right to pull it down and set up his picnic table on "your" land. The onus will then be on you to prove that he is trespassing. Going up to him and threatening him if he does not step back to 'his' side could land you in trouble with the police.
    He has to prove it's on HIS LAND. How's he going to do that? He needs to get it surveyed!!! Don't muck around with he said/she said, plans etc from years ago. PAY TO GET A SURVEYOR TO SORT IT OUT, otherwise this will get very messy, very fast.

    I suggest you make an arrangement to get a neutral surveyor to compile a report, perhaps getting him to pay for it.
    Absolutely agree. Didn't I say that in my post??

    If he is right then unpleasant as it may be you should move back to your side and put yourself in his shoes.
    What else would you do?
    Patience is a virtue.

  8. #8

    Default GIS Boundary

    Been looking at the local GIS. Yes its out. Looks to be just over a metre, but not the 2.5 metres we were told. But the other end of the fence is in their favour. Looks like it will need a surveyor after all.

  9. #9
    Join Date
    Nov 2005
    Posts
    3,286

    Default

    Quote Originally Posted by essence View Post
    He has to prove it's on HIS LAND.
    Why? Why should I prove to my neighbour that my driveway is on my land?

    xris

  10. #10
    Join Date
    Jan 2005
    Posts
    1,443

    Default

    Why not just come to an agreement (without the need for solicitors) of each paying half the costs of a surveyor and a fencer, and thus putting the problem right!

    Problem sorted!


 

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