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A house has been built next door at the rear of a section.

A house has been...

A house has been built next door at the rear of a section. When they put the driveway in (alongside our driveway) they dug down so far there is a big drop from our driveway (shared with a 2nd unit) and therefore unsafe. A fence has to be installed but prior to them putting the driveway in, there was a hedge/bush running down the drive so no fence required for safety. Question is, are we still liable for 50% of the fence as we would be happy to plant a hedge. It is not really our fault that there is a big drop between driveways which makes it unsafe.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Auckland, New Zealand

Lawyer's Assistant: Has anything been filed or reported?

No, just the owner asking for approval and costs for fence. They have not given us any detailed quote as yet but expect us to pay half the cost.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not really thanks.

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Answered in 8 minutes by:
1/15/2018
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,398
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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The Fencing Act does have a procedure for requiring neighbours to share the costs of a boundary fence, so if they want you to pay, they must serve a proper notice under the Act with the proposed fence. You can serve a cross notice in which you make a counter proposal, such as the hedge, and if you cannot agree, then these issues are decided in the Disputes Tribunal. You don't need lawyers to go there. They cannot make you pay unless they go though this procedure.

So it is worth discussing your proposal first, and seeing if they will agree.

Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,398
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Customer reply replied 1 month ago
Because the drop is quite considerate, I think Auckland Council would not permit a hedge to be planted and it also would not be easy to plant and grow it all the way down the drive as they have gone over the boundary in parts and we would need ascess to their property to do some planting. All that would take time and may not be approved by the council.The silly part is that the fence height measurement would be taken from their ground level and would barely reach the ground level of our driveway so we would not benefit from it anyway. It would still be unsafe from our property.
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