Hello, I am new to the forum and hope someone can please help! Thank you so much.
We have purchased a property last year that was subdivided in the mid 90s. The driveway is owned by our neighbour on the back with us having an easement over it. This very driveway extends 60cm onto our property, confirmed by a surveyor and the boundary pegs. The land on the other side of the driveway encroaches onto the neighbours land though by 30cm - something that hasn't been addressed over the decade that they have owned the property.
When we bought the property, we made a letter from the property owner at the back agreeing to us building a fence along the driveway part of our purchase agreement. Our lawyer considered a letter adequate that said that the owner is "fine with us building the fence as long as she can still receive deliveries and access her property." He said that we have the right to build a fence on our boundary. The new fence makes the driveway under 3 meters wide - we have staked this out so everyone could test drive it. Everyone, neighbour at the back, their visitors and ourselves, including big 4WDs are getting through fine. A ring to the council confirmed that there is no minimum driveway width in the district plan.
When we moved in and had a first attempt at a discussion with the neighbour they didn't sound so reasonable as in that letter and questions were asked along the lines of "why do you even need a fence?". Things deteriorated from here. We have tried to communicate and stay polite even though we have encountered hostility.
We now want to begin building the first part of the fence - an L shaped noise protection fence to mitigate road noise from the front of the section. Up to 12 meters of that will be along the front of the driveway. We are planning on putting it fully on our side of the boundary, and pay for it ourselves. I have delivered a letter in person recently (It feels ridiculous to send it by registered mail when they live next door!) explaining that fact and the design and was told to "p*$$ off" after handing them the letter.
Are we being unreasonable? It is a small section, hence we are not willing to give up land that is legally ours.
And most importantly: What can the neighbour actually do when we build a fence on our side of the boundary? It will not obstruct their view and we know they are capable of using the driveway. Can they get a court order to have us a remove a fence on our side of the boundary with this in mind?
Thank you so much for any help!!!
We have purchased a property last year that was subdivided in the mid 90s. The driveway is owned by our neighbour on the back with us having an easement over it. This very driveway extends 60cm onto our property, confirmed by a surveyor and the boundary pegs. The land on the other side of the driveway encroaches onto the neighbours land though by 30cm - something that hasn't been addressed over the decade that they have owned the property.
When we bought the property, we made a letter from the property owner at the back agreeing to us building a fence along the driveway part of our purchase agreement. Our lawyer considered a letter adequate that said that the owner is "fine with us building the fence as long as she can still receive deliveries and access her property." He said that we have the right to build a fence on our boundary. The new fence makes the driveway under 3 meters wide - we have staked this out so everyone could test drive it. Everyone, neighbour at the back, their visitors and ourselves, including big 4WDs are getting through fine. A ring to the council confirmed that there is no minimum driveway width in the district plan.
When we moved in and had a first attempt at a discussion with the neighbour they didn't sound so reasonable as in that letter and questions were asked along the lines of "why do you even need a fence?". Things deteriorated from here. We have tried to communicate and stay polite even though we have encountered hostility.
We now want to begin building the first part of the fence - an L shaped noise protection fence to mitigate road noise from the front of the section. Up to 12 meters of that will be along the front of the driveway. We are planning on putting it fully on our side of the boundary, and pay for it ourselves. I have delivered a letter in person recently (It feels ridiculous to send it by registered mail when they live next door!) explaining that fact and the design and was told to "p*$$ off" after handing them the letter.
Are we being unreasonable? It is a small section, hence we are not willing to give up land that is legally ours.
And most importantly: What can the neighbour actually do when we build a fence on our side of the boundary? It will not obstruct their view and we know they are capable of using the driveway. Can they get a court order to have us a remove a fence on our side of the boundary with this in mind?
Thank you so much for any help!!!
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