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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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We wish to erect a 2m boundary fence on our property at our

Customer Question

we wish to erect a 2m boundary fence on our property at our expense on the flat , in Redcliffs chch nz and our neighbours are objecting, can we go ahead
Submitted: 3 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 3 months ago.

If the fence is entirely on your property, and complies with council building bylaws, then you can proceed. People often use a fencing notice under the Fencing Act, when the fence is on the boundaries. Tis will perhaps mean some further discussion but end up with a fence which you both accept.

Expert:  Chris The Lawyer replied 3 months ago.

9 Adjoining occupiers to share cost of fencing

Subject to the provisions of this Act, and to any order of the court made under this Act, the occupiers of adjoining lands not divided by an adequate fence are liable to contribute in equal proportions to work on a fence.

Expert:  Chris The Lawyer replied 3 months ago.

10 Notice to do work to be given

(1)Any occupier who desires to compel any other occupier under this Act to contribute to the cost of work on a fence shall serve on him a notice in form 1 of Schedule 1 or to the like effect.

(2)The notice shall—

(a)specify the boundary or line of fence, or the parts of the boundary or the line of fence, along which the work is to be done; and

(b)specify (whether by reference to a fence described in Schedule 2 or otherwise) the work proposed to be carried out with sufficient particularity to enable the occupier on whom the notice is served to—

(i)comprehend the nature of the work proposed and the materials to be used; and

(ii)estimate the cost of the work; and

(c)specify the consequences of failure to comply therewith.

(3)If it is proposed that the cost of the work shall be borne otherwise than in equal shares, the notice shall state the shares that are proposed.

Expert:  Chris The Lawyer replied 3 months ago.

Form 1 Fencing notice

s 10

(Use of this form is not obligatory but it is given as a guide to the type of information that should be included in a fencing notice.)

To [owner, or occupier by virtue of a tenancy for not less than 10 years certain, of [address], Dunedin, or Broadacres Farm, Taradale.]

Please take notice that I desire that a/the fence be erected (or repaired) between your said property and my adjoining property at [number, street] (or Greenmeadows Farm) in accordance with the following particulars:

1

Further description of boundary to be fenced.

2

Type of fence. [If desired specify one of the specimen fences in Schedule 2 of the Fencing Act 1978, or specify any other type desired.]

3

Method of construction. (Eg, by a contractor, or by one neighbour, or by both neighbours.)

4

Estimated total cost. (To be shared half each [or, if different shares are proposed, specify those shares].)

5

How materials to be purchased or supplied and how paid for.

6

Date for commencement of work.

Within 21 days after the date of the receipt of this notice you may object to any of the above particulars and make your counter-proposals.

Within the same time, if you claim you are not liable to pay for fencing, you may notify me accordingly and supply the name and address of the person who is liable for fencing in connection with your property.

If no objection is received I will proceed with the fencing in accordance with this notice, and you will be deemed to have agreed to the proposals set out in this notice, and will be liable to share the cost accordingly.

This notice is given under the Fencing Act 1978.

Date:

Signature:

Expert:  Chris The Lawyer replied 3 months ago.

So I have posted the procedure, as often a joint fence is better in terms of neighbourly relations. But if the fence has a building permit and is on your side entirely, and you are paying the costs, then that will work too

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