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  1. #1

    Exclamation Neighbour Subdividing - Do they need our consent?

    Just bought a property and have since found out that the neighbour is subdividing his property and moving a house onto the front. Apparently 'everyone' knew about this, however the real estate agent neglected to tell us this nor did the previous owner. We are concerned that the new house on the front section could devalue our property we have bought. Also the guy is excavating close to our boundary line. Can we insist a boundary fence is erected that he pay half for. WE do not want to look at their building works and be submitted to noise and bad view.

    I would appreciate any advice thank you!!

  2. #2
    Join Date
    Sep 2008
    Posts
    7,581

    Default

    i don't think so

    no one ever wants the place next door sub-divided

    but council see it as a way of increasing city density without encroaching on green fields

    plus it's much cheaper for them to supply services while gaining rates

    call to council would tell you more
    have you defeated them?
    your demons

  3. #3
    Join Date
    Dec 2007
    Location
    Auckland
    Posts
    81

    Default

    No, I don't think he's obliged to show you anything but you can go to the council and pay to view his plans yourself. This is what I did.
    Just keep an eye on things but do try and stay on good terms, a lot can be achieved with just a friendly talk over the fence.
    In our case, the new house, just a few meters from the boundary did not throw shadows or have windows that viewed our outdoor area. The drainlaying was dodgy, done in the dead of night but didn't affect us. The new house was so close to the old one that the people throwing the siding on stood on the roof of the old house! They put up the siding on saturated timber framing as well (2003).

  4. #4

    Default

    Usually a resource consent to subdivide that close would be noted on a local Council land information memorandum (LIM), and should have been brought to your attention by your solicitor - assuming LIM approval was one of the contract conditions.

    Unfortunately there's probably not a lot you can do after the fact though - if the new building shades your house ('intrudes on recession planes') then the previous owners would have had to sign off a consent to it. If you can't make progress on a fence by talking to the neighbour, and probably he wont want to fence it until he's finished everything because of the risk of damage, you could talk to a lawyer about getting a Fencing Act notice issued. Again, probably more hassle than it's worth.

  5. #5
    Join Date
    Jul 2009
    Location
    Auckland
    Posts
    253

    Default

    If the subdivision complies with all the provisions of the District Plan & the RMA (ie. area, density, height to boundary, etc.) then they do not need the neighbour's consent. If you have any doubts, it is well worth a visit to the local council, ask to see the duty planner. In my experience they have always been most helpful. Might pay to have a word with the neighbour as well just to find out first hand what is going on, its worth keeping relations cordial.

  6. #6

    Default Fence

    Thank you for all your comments. It is just a shock to purchase a new home and then find this out. Only been in the house 2 weeks and he has already started work. I don't think the actual house moved onto the property will be too close to ours, however he is widening the drive way right onto the boundary line. He said he will plant trees along the boundary line, but my partner and I have now decided we would rather have a boundary fence (instead of the trees), so we are more sheltered from the 'works' going on next door and for the future so we do not look directly onto many cars in a drive way. I hope he will agree to a fence without too much difficultly. Am I right in being able to issue him with a fencing notice if he disagrees on paying half of the fence? Can i stop him planting trees on the boundary while we discuss a fence? Many thanks for you advice and help!

  7. #7
    Join Date
    Nov 2008
    Location
    Karratha WA
    Posts
    1,444

    Default

    Quote Originally Posted by Baby Boomer View Post
    Just keep an eye on things but do try and stay on good terms, a lot can be achieved with just a friendly talk over the fence.
    The neighbour to one of my rentals actually increased the value of my place by providing nice neighbouring houses and a brand new fence for free. I even got a say in what type of fence .

    Take over some scones and be nice.

  8. #8
    Join Date
    Nov 2008
    Location
    Karratha WA
    Posts
    1,444

    Default

    Quote Originally Posted by Fourinthehouse View Post
    It is just a shock to purchase a new home and then find this out.
    I think you are reacting to change with a knee jerk reaction. Step back for a minute.

    The works won't go on forever, and with winter coming it will have less of an impact on you - in summer you would have been outside and had windows open more, and dust could have been a problem.

    Trees are nicer to look on than a fence, which will make your place feel smaller and hemmed in. Having a driveway on the boundary is not usually a problem, much better than a party lounge under your bedroom window. If you are really concerned about the trees, get an agreement that he will maintain them to a certain size and standard.

    It is obviously a shock to you especially when you are probably still suffering from moving stress, but look at the good as well as bad sides before asking for things you might regret in the long run.

    A good relationship with neighbours has many benefits, while a bad one can ruin your life.

  9. #9
    Join Date
    Dec 2010
    Location
    Cambridge, NZ
    Posts
    1,375

    Default

    You can issue a fencing act notice if you want a fence rather than trees, yes, although you have zero chance of it being enforced while construction is on as it makes no sense to put it in if it would likely be damaged. You might get Council to require the neighbour to put up a temp fence to block some dust/noise....depends on the lay of the land.

    Your irritation is really at the vendor and agent, not so much the neighbour I suspect. You may have some grounds for a complaint against the agent if they knew of the forthcoming subdivision. Unfortunately as noted if it all complies your consent is not required. Enquiry with council should yield further information.

    Over and above all this, consider the words of wisdom from Bulldog and Tan. Don't go giving money to us lot if you can possibly avoid it.

  10. #10
    Join Date
    Aug 2010
    Posts
    2,630

    Default

    Are you sure you're a proper lawyer, with that last remark?


 

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