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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 14769
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Our neighbour has a drive way adjacent to our shared

Customer Question

Hi. our neighbour has a drive way adjacent to our shared boundary. This is approximatly 800 to a metre higher than our section and I feel should be retained properly and then a new fence built on top of it. Does a drop of this amount legally require retaining with a structure or should the fence be expected to carry a portion of the load as now. Thanks. Kevin
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

The uphill property has what is called a right of support. But generally when there is a fence required, the costs of the fence are shared, and so the costs of providing the necessary support generally included in the costs of the fence. Fencing costs are shared between neighbours, so the costs of the support would tend to be included in the overall costs, although it would be probably more the downhill property which needs to ensure that the right of support is protected. But when you do a project like construction of a fence, these costs are generally shared

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