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Thread: Boundary claims

  1. #1

    Default 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

  2. #2
    Join Date
    Aug 2013
    Location
    Rural Tararua
    Posts
    1,207

    Default

    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.

  3. #3

    Default

    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 at 12:16 PM. Reason: did not upload

  4. #4
    Join Date
    Aug 2013
    Location
    Rural Tararua
    Posts
    1,207

    Default

    Quote 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.

  5. #5
    Join Date
    Jul 2012
    Location
    Tavua, Fiji
    Posts
    3,363

    Default

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

  6. #6
    Join Date
    Aug 2013
    Location
    Rural Tararua
    Posts
    1,207

    Default

    Quote 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....

  7. #7
    Join Date
    Jul 2012
    Location
    Tavua, Fiji
    Posts
    3,363

    Default

    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.

  8. #8

    Default

    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

  9. #9

    Default

    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?

  10. #10
    Join Date
    Jun 2004
    Posts
    9,120

    Default

    Quote 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.


 

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