Hello All,
I'm truly struggling to figure out how to deal with this situation.
We live in an Auckland property that has a Right of Way around two boundaries - down one side and across the back. It provides access for one neighbour (the property at the back and over one). Let's call him Joe. RoWs created in 1980's due to roadway realignment / motorway on/off ramp reserve. So, there are us and Joe who have rights in that RoW. We get along ok. Just.
Beside (beyond) our Row is a second RoW. That RoW has three parties. A neighbour to that side, the neighbour to our rear, and the Auckland Council, with land (a Flood Path / Drainage area) behind all of us.
The neighbour to our rear, on the second RoW, comes from another country, though they claim to have been here over 20 years. Long enough to learn about NZ Culture and Law, one might think.
Actually, they are The Neighbours from Hell (TNFH). The country they come from has a history of war, and they seem to have brought it all with them. They are extremely aggressive, with a clear "expansionist" and covetous mindset.
They simply do not care about other people's rights. For years, they have treated the neighbour's property as if they own it. For years, they have parked their cars on the back of their property every night, simply because it was convenient for them.
Meanwhile, TNFH have rebuilt their boundary fence with the Council land, encroaching about a metre onto it.
The neighbours beside us over the RoWs are lovely people, but they are tenants and don't want to create any trouble, so they have tolerated it. They complained to their landlord who came around and made a few feeble noises, but he has long term plans to subdivide and redevelop, so he doesn't want to cause any upset either, in case TNFH block his proposal. So, TNFH continue parking their cars on the tenants property. It's unfortunate that people let them get away with these things, and the law is no help.
Not content with taking over council land and the neighbours to one side, they have now started on us.
Actually, that's a bit out of sequence: they started on our property before we bought it over 5 years ago. Our tenants when we bought informed us that TNFH had stolen a substantial part of the low, wire netting fence that divided the two RoWs, probably while the house was on the market. It now "graces" the top of their boundary fence with Council, behind which, they kept chickens. (Like they did back home, I guess.) Also wanting to be good neighbours, we never pursued that at the time, and it may have been before we took ownership anyway.
Our RoW is substantial, is wider than average, and fully concreted, well able to withstand trucks. It goes directly past our house, a metre away.
Their RoW is narrower, and only concreted over the first third. The rear part, up to their property, is gravel. Clearer, this is "inferior" and our "RoW" is much nicer....
I'm sure you can all see where this is headed.
Yep, the problem is that their RoW connects to the side of their property, effectively running across what used to be part of the neighbours property, then turning into the near corner of their property.
On the other hand, our RoW runs along the side of our property in direct alignment with the near corner of their property. You could drive straight in, if it was your RoW... That access was previously fenced, with a large hedge and the remains of an old post & wire fence inside it - that is, until one Sunday morning when a digger unexpectedly started working out the back. It was ripping out this hedge, without our consent or permission.
A minor altercation ensued when I tried to approach the head NFH to discuss it. He told me he had spoken with the other neighbour and he had agreed so I could F**k Off.
I took photos and made notes...
A month later, they had put down boxing and a concrete truck rolled up one Tuesday morning to pour concrete.
Again, I approached TNFH to ask what he was doing about replacing the fence he had removed, since there were no posts or any other preparations for a new fence. I asked about what fence he was installing, was told "an aluminium one" and was threatened with a Boxing Stake or similar lump of wood. Of course, I retreated to call the Police. Later, I was also advised by him that "[His] Nail Gun might 'accidentally' fire in [my] direction."
In fact, when the concrete was finished, they had made clear, special efforts, including smoothing the gradient up in front of their garage and down again, so that their concrete exactly met the same level as the surface of our RoW.
The Police arrived a few hours later, by which time I had trespassed him. But he still made a point of driving his 4x4 into our driveway and revving it up to prove he's a right jerk.
The next day, a large section of trellis appeared over the hole where the hedge had been, and it has been there almost a year. Originally, I took this as a sign he had spoken to his lawyer, but now it appears otherwise.
After another incident the weekend before last, the trellis was removed. Again, there was some discussion, but unfortunately, this was interrupted by our neighbour Joe down our RoW who "laid down the law" and let TNFH prevail. Prior to that, TNFH had threatened to take me to Court. Told him I'd love it!
I'm sure I can take him (TNFH) to Court and get him forced to replace that fence. I have drawn up a Fencing Notice to that effect, but I expect he will ignore it. I have written it such that he has to use an independent fencing contractor and pay for it all, as he should do under the law, but as you can see, he's above the law.
It's very clear that he (or, more, his wife) plans to start using our RoW just like they use everything else around here. There's a clear pattern of slow attrition and gradual encroachment, but the Trespass Notice has another year or so to run. Not sure how they plan to get around that, but I think I know.... All their friends will be instructed to use our RoW in the meantime.
I'm happy to take that to Court, soon, before he gets too settled in his notion that he had just made another "advance."
However, the real problem is the main fence along the rest of the RoW. After this latest, we have had a complete gutsful of this prat, and want to completely fence him out of our lives.
I would build a fence myself.
The problem is, we don't own the land immediately on either side of the boundary between the two RoWs.
Joe, the other party to our RoW owns the 1.6m wide strip of land between our land and the other RoW. TNsFH own the strip immediately inside the second RoW.
I don't think it matters, until I come to try to fence it! I doubt that I would be allowed to get even one new post in. The big issue there is that now, Joe and TNFH have become friendly, and trade work with one another... That's the big fly in the ointment. And the Council "doesn't want to know." They don't even seem to care about the encroachment onto their own land, the realignment of the gate, or the obstruction to their access.
We just want a decent fence put back up.
I have searched but cannot find any legal precedent for this scenario, of a fence between two shared RoWs.
Does anyone have any knowledge / experience / suggestions?
I'm truly struggling to figure out how to deal with this situation.
We live in an Auckland property that has a Right of Way around two boundaries - down one side and across the back. It provides access for one neighbour (the property at the back and over one). Let's call him Joe. RoWs created in 1980's due to roadway realignment / motorway on/off ramp reserve. So, there are us and Joe who have rights in that RoW. We get along ok. Just.
Beside (beyond) our Row is a second RoW. That RoW has three parties. A neighbour to that side, the neighbour to our rear, and the Auckland Council, with land (a Flood Path / Drainage area) behind all of us.
The neighbour to our rear, on the second RoW, comes from another country, though they claim to have been here over 20 years. Long enough to learn about NZ Culture and Law, one might think.
Actually, they are The Neighbours from Hell (TNFH). The country they come from has a history of war, and they seem to have brought it all with them. They are extremely aggressive, with a clear "expansionist" and covetous mindset.
They simply do not care about other people's rights. For years, they have treated the neighbour's property as if they own it. For years, they have parked their cars on the back of their property every night, simply because it was convenient for them.
Meanwhile, TNFH have rebuilt their boundary fence with the Council land, encroaching about a metre onto it.
The neighbours beside us over the RoWs are lovely people, but they are tenants and don't want to create any trouble, so they have tolerated it. They complained to their landlord who came around and made a few feeble noises, but he has long term plans to subdivide and redevelop, so he doesn't want to cause any upset either, in case TNFH block his proposal. So, TNFH continue parking their cars on the tenants property. It's unfortunate that people let them get away with these things, and the law is no help.
Not content with taking over council land and the neighbours to one side, they have now started on us.
Actually, that's a bit out of sequence: they started on our property before we bought it over 5 years ago. Our tenants when we bought informed us that TNFH had stolen a substantial part of the low, wire netting fence that divided the two RoWs, probably while the house was on the market. It now "graces" the top of their boundary fence with Council, behind which, they kept chickens. (Like they did back home, I guess.) Also wanting to be good neighbours, we never pursued that at the time, and it may have been before we took ownership anyway.
Our RoW is substantial, is wider than average, and fully concreted, well able to withstand trucks. It goes directly past our house, a metre away.
Their RoW is narrower, and only concreted over the first third. The rear part, up to their property, is gravel. Clearer, this is "inferior" and our "RoW" is much nicer....
I'm sure you can all see where this is headed.
Yep, the problem is that their RoW connects to the side of their property, effectively running across what used to be part of the neighbours property, then turning into the near corner of their property.
On the other hand, our RoW runs along the side of our property in direct alignment with the near corner of their property. You could drive straight in, if it was your RoW... That access was previously fenced, with a large hedge and the remains of an old post & wire fence inside it - that is, until one Sunday morning when a digger unexpectedly started working out the back. It was ripping out this hedge, without our consent or permission.
A minor altercation ensued when I tried to approach the head NFH to discuss it. He told me he had spoken with the other neighbour and he had agreed so I could F**k Off.
I took photos and made notes...
A month later, they had put down boxing and a concrete truck rolled up one Tuesday morning to pour concrete.
Again, I approached TNFH to ask what he was doing about replacing the fence he had removed, since there were no posts or any other preparations for a new fence. I asked about what fence he was installing, was told "an aluminium one" and was threatened with a Boxing Stake or similar lump of wood. Of course, I retreated to call the Police. Later, I was also advised by him that "[His] Nail Gun might 'accidentally' fire in [my] direction."
In fact, when the concrete was finished, they had made clear, special efforts, including smoothing the gradient up in front of their garage and down again, so that their concrete exactly met the same level as the surface of our RoW.
The Police arrived a few hours later, by which time I had trespassed him. But he still made a point of driving his 4x4 into our driveway and revving it up to prove he's a right jerk.
The next day, a large section of trellis appeared over the hole where the hedge had been, and it has been there almost a year. Originally, I took this as a sign he had spoken to his lawyer, but now it appears otherwise.
After another incident the weekend before last, the trellis was removed. Again, there was some discussion, but unfortunately, this was interrupted by our neighbour Joe down our RoW who "laid down the law" and let TNFH prevail. Prior to that, TNFH had threatened to take me to Court. Told him I'd love it!
I'm sure I can take him (TNFH) to Court and get him forced to replace that fence. I have drawn up a Fencing Notice to that effect, but I expect he will ignore it. I have written it such that he has to use an independent fencing contractor and pay for it all, as he should do under the law, but as you can see, he's above the law.
It's very clear that he (or, more, his wife) plans to start using our RoW just like they use everything else around here. There's a clear pattern of slow attrition and gradual encroachment, but the Trespass Notice has another year or so to run. Not sure how they plan to get around that, but I think I know.... All their friends will be instructed to use our RoW in the meantime.
I'm happy to take that to Court, soon, before he gets too settled in his notion that he had just made another "advance."
However, the real problem is the main fence along the rest of the RoW. After this latest, we have had a complete gutsful of this prat, and want to completely fence him out of our lives.
I would build a fence myself.
The problem is, we don't own the land immediately on either side of the boundary between the two RoWs.
Joe, the other party to our RoW owns the 1.6m wide strip of land between our land and the other RoW. TNsFH own the strip immediately inside the second RoW.
I don't think it matters, until I come to try to fence it! I doubt that I would be allowed to get even one new post in. The big issue there is that now, Joe and TNFH have become friendly, and trade work with one another... That's the big fly in the ointment. And the Council "doesn't want to know." They don't even seem to care about the encroachment onto their own land, the realignment of the gate, or the obstruction to their access.
We just want a decent fence put back up.
I have searched but cannot find any legal precedent for this scenario, of a fence between two shared RoWs.
Does anyone have any knowledge / experience / suggestions?
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