Boundary encroachment

[SimonW]

Where on earth do people get this nonsense from?




ROFLMAO!

Well if you think about it holistically, if it were to catch fire, and it has been placed it's own height away from the boundary, then in theory it can collapse in a raging fireball without setting fire to the neighbour's car/garage/child etc.

I note that the guide "Building Work That Does Not Require A Building Consent" published on MBIE's website discusses the various rules of the Building Act 2004, and on page 22 of that guide they specifically state:
"If you are building close to boundaries, you need to give due consideration to the Building Code requirements regarding protection from fire; particularly in relation to the external spread of fire to neighbouring property".

So to answer your question, I got this nonsense from the people who made the rules....

[Meehole]

Well I would like to know what the outcome would be if as my husband suggested he would do if it encroached his land; a) detach the piles from the bearers and move it over with his excavator or b) cut it half or at whichever point it crosses the boundary line.
Like cutting down a tree, once its gone then if there's an issue thrash it out in Court, provided the claim is accepted that is.
We have a situation whereby the neighbours drive at the front of our sections encroaches on our land by about 200 wide for 6 metres. We are about to complete the boundary fence that they have begrudgingly contributed to so it will be interesting to see how they approach us taking back our bit of dirt. Original survey marker is embedded in the crossing and we had the surveyor mark all the boundaries again 2 years ago when we constructed a garage.

[John the builder]

the law looks differently on trees that grow over time and buildings mistakenly built over bdy and there is seperate law for each.

There is a 20 year limitation on encroachment after which status quo is protected..

200mm?? I think you could be reasonable? a wall could be 200 thick?

[Meehole]

the law looks differently on trees that grow over time and buildings mistakenly built over bdy and there is seperate law for each.

There is a 20 year limitation on encroachment after which status quo is protected..

200mm?? I think you could be reasonable? a wall could be 200 thick?

If the other party was reasonable then we would be as well. We have constructed 2/3 of the boundary fence between us and borne more than 70% of the cost just to get them to agree to constructing a basic 1.8m timber paling fence. I had to lodge a claim in the Disputes Tribunal to initiate payment out them, and even then agreed to them drip feeding their share.
Stark contrast to the neighbour on the other side who is chomping at the bit to get that fence, also 2/3 completed, finished.

[Meehole]

The Property Law Act 2007 Part 6 s321-325 offers a wide range of applications that could be enforced by a Court when a structure encroaches onto neighbouring land. There is nothing mentioned about a 20 year limitation, if that legislation can be found I would be interested in reading it.

[donna]

This will help you Meehole

http://www.stuff.co.nz/the-press/10718939/How-Bells-block-was-snatched-away-legally

cheers,

Donna

[Wayne]

This will help you Meehole

http://www.stuff.co.nz/the-press/10718939/How-Bells-block-was-snatched-away-legally

cheers,

Donna

That's a shocker - legal theft.
They paid the rates - the council knew how to contact the owner. How can that be abandoned because someone lied (that the rates were unpaid)?

[Meehole]

This will help you Meehole

http://www.stuff.co.nz/the-press/10718939/How-Bells-block-was-snatched-away-legally

cheers,

Donna

OMG what a good read! I'm going to print that off and hope like anything that my neighbour is not aware of it when I snatch my 200mm x 6 metre stretch of her driveway back!

[Keys]

Good to see the OP back.