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starcub

84 posts

Master Geek


#240077 19-Aug-2018 14:16
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As per picture above, our new neighbour just moved in and his house shares boundary with three houses - A, B & C. My house is B. All properties are freehold title. 

House A owns the land that has part of the shared driveway, but they don't use the shared driveway at all - the house is linked to the road.

There is a retaining wall (about 1m high) along the shared driveway, our neighbour being on the higher side.

 

The current fence is a wire-mesh fence like this one. It's about 1m-12.m high. I think its condition is adequate but the new neighbour wants it replaced.

 

Click to see full size

 

 

 

Our new neighbour wants a new 1.8m wooden paling fence along the shared driveway.

 

My questions are:

 

1. Do I need to contribute to the cost of a new fence? I think the fence is adequate (there might be a couple of small holes but it's at least repairable)
2. If I need to pay for the new fence, how much do I need to pay? Does the owner of house A need to pay? He doesn't use the driveway but owns part of it?
3. In regards to the height of the fence. Normally you can build a fence up to 2m but our house being on the lower side of the retaining wall is already 1m lower, if we put a 1.8m fence that'd be 2.8 meter fence for me. I couldn't find anything on Auckland Council's website but this is what I could find online. Which side of the retaining wall do you measure that 2m height restriction? 

 

From here, and here

 

Any fence on top of, or a part of, a retaining wall. If the whole is over 2 metres, but less than 3 metres, you will also need your neighbour’s consent.

 

 

 

Thanks for reading!

 

 


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Wheelbarrow01
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  #2075995 20-Aug-2018 08:55
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The Citizens Advice Bureau website has pretty much all the information you need.

 

Has the new neighbour issued you with an official Fencing Notice? If not, then you don't need to do anything and they cannot start work. If they do start work without serving you with a Fencing Notice and waiting the requisite 21 days for any objections to be lodged, then they cannot legally recover any cost from you, and you can apply to the courts for an order to dismantle any such fence that has been erected without your consent.

 

If you have been issued with a Fencing Notice, then you have 21 days to object via service of a Cross Notice outlining why you object. Your objection could be as simple as advising the neighbour that the existing fence is "adequate", but you could make a counter suggestion that the existing fence be repaired (if required).

 

According to the Fencing Act, an adequate fence means "a fence that, as to its nature, condition, and state of repair, is reasonably satisfactory for the purpose that it serves or is intended to serve". As the existing fence is a wire fence, one could argue that it was never intended to provide any privacy. Ergo you should not now have to pay for the new neighbour's wish for additional privacy.

 

In this case, assuming you do eventually receive a valid Fencing Notice in the proper form from the new neighbour, I would issue a counter notice stating that the existing fence is reasonably satisfactory for the purpose it serves and has been for x number of years, that you are happy to entertain any required repairs to the existing fence, but that you object to paying for a replacement fence due to the existing fence being adequate for it's original intended purpose.

 

That should be the end of the story. If the neighbour decides that they will pay the entire cost, they will still need to get your consent regarding the design etc (and you can still object), and removing the old fence will also be at their cost.

 

In regards to the rules around permissible fence height when a retaining wall exists, please call your local council now and ask - they are the only ones who will be able to give you a definitive answer.

 

 


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