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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22306
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I have to realign my current vehicle access to my rural

Customer Question

I have to realign my current vehicle access to my rural property as its not on the legal road corridor. To complete the job I need to excavate a new roadway and this entails removing a boundary fence section of 200mtrs which my neighbour has erected also on the incorrect alignment. Seeing as I have to correct the roading alignment at my cost does the same rule apply to his fence as he seems to think I have to reinstate the fence. He has instigated the whole process to correct things and I have no problem doing the road but feel I have no obligation to correct his fence as well. we do not have this section as a common boundary and the correct alignment will put his boundary with the local council who I know are exempt from the usual fencing act as this is a paper road . He is aware that the fence is coming down but do I need to formally give notice. Local council is fully aware of whats happening and said I should challenge his fencing request.
Submitted: 10 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 10 months ago.

The fence is illegal if it is not more or less on the boundary, in the sense that it should not be there. If a fence is need on the actual boundary then normally this is a shared cost. But if it is on your property, then you can require removal, or move it yourself. Under the Fencing Act he can only give notice to the adjoining neighbour, and so if the neighbour is the council then they are exempt. You should challenge any fencing notice therefore if it isn't in relation to a fence on your boundary

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