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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22319
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Hi there I have a house in christchurch. One side of the fence

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Hi there
I have a house in christchurch. One side of the fence is occupied about one-forth metres of my land. The neighbor said the fence been here here long time, and it can affect his drive way if the fence moved. in this situation, can i get my land back.
thank you
jackie

christhelawyer : HiWelcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer : Fences can, under the Fencing Act, be located on a give or take basis. But because the fence is not exactly on the boundary does not mean the land on the other side belongs to the neighbour. The neighbour has no right to the land unless it is transferred to him, aft a survey, a new plan and an agreement by you to transf. Obviously you will not do that.
christhelawyer : the real issue is whether the fence can be relocated to the boundary, and the answer is yes, but you would need to pay for the costs. If the fence is otherwise in good order then you cannot require the neighbour to contribute to the costs of moving it.
Customer:

hi there:

Customer:

hi there;

christhelawyer : Hi
Customer:

hi there

Customer:

thank you for your answer, but my lawyer said, i could not relocatd the fence if the case go to the court. because if i move the fence the neighbor could not drive his car through.

christhelawyer : T hat is a different issue. If the driveway was obstructed then that would be wrong, but you clearly have some survey and boundary issues which need to be resolved. Is there a right of way next to the fence?
Customer:

sorry, i don't quite understand what does"Is there a right of way next to the fence?" mean.














christhelawyer : Is there a driveway by the fence?
Customer:

neighbor's drive way is by the fence, it is why the neighbor does not allow me to move the fence.

christhelawyer : But unless he owns the land, or has a registered easement over the land which permits him to use the driveway, then he has no right to use this land for himself.
Customer:

but my lawyer said anything could happen if the case go to the court. could you give advise what i do. my neighbor has no registered easement and the report shows the fence is not in the boundary.

christhelawyer : If he wants to use your land, he must arrange either an easement or buy the land from you. This would need to be at his cost of course.
christhelawyer : Your
christhelawyer : lawyer has seen the plans and titles I assume
christhelawyer : But in my view your neighbour has to pay to sort this out
Customer:

my neighbor does want to pay anything, and he is really rough, and he want to go the court. my lawyer said the cost of lawyer really expensive and it is not 100% win the case and it is take long time. i don't know what i do.

Customer:

my neighbor does not to pay anything.

Customer:

could you give suggestion, should i go to the court

Customer:

hello still here?

christhelawyer : Yes
christhelawyer : It depends whether you need to use that piece of land and want to force the issue into court. Your lawyer is right that it will cost something, but if you win your neighbour will have to pay about 2/3 of the costs
Customer:

my neighbor does not want to pay anything, and he is really rough, and he want to go the court. my lawyer said the cost of lawyer really expensive and it is not 100% win the case and it is take long time. i don't know what i do.





could you give me suggestion, should i sue him









christhelawyer : If there are no easements permitting him to use the land then you are likely to win in my view. However all court cases can be uncertain, and you may not get what you want.
christhelawyer : The case would take 6 months to a year to get to court
Customer:

how many percent i can win the case? i pay 2/3 of costs of what? court fee or lawyer fee

christhelawyer : I would say your chances are at least 80% on the facts you have outlines. The court costs are what the losing party pays, and are the court filing fees and your lawyers costs. The rule about those is you get about 2/3 of the lawyers fee paid by the other side if you win.
Customer:

you give me a lot of help, thank you very much.

Chris The Lawyer and other New Zealand Law Specialists are ready to help you
Customer: replied 3 years ago.


Do you know any professional lawyer about this case in christchurch? thanx

I assume you do not want your lawyer who gave the advice. Try this firm http://www.cameronco.co.nz/christchurch-civil-litigation.htm
Customer: replied 3 years ago.

i have asked my lawyer about the cost. my lawyer said i can not claim my neighbor pay 2/3 of lawyer fee if i win the case.

If you win you get costs. That is the standard rule, and perhaps your lawyer does not do court cases so doesn't understand
Customer: replied 3 years ago.

is that possible if i go to tribunals. so that is much easy and low cost.


so what is your suggestion?

If the claim Is under $15000 you can use the Tribunal
Customer: replied 3 years ago.
According this case, can I use tribunal?
This can depend on what you are claiming. The Tribunal has power over money claims but does not have power to order him to stop using your land

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