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471 posts

Ultimate Geek
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  Reply # 2107046 12-Oct-2018 23:01
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Why 2m fence? Isn't 1.8m the normal height?

 

What is the concrete patio? Whos side of the fence?




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Wannabe Geek


  Reply # 2107047 12-Oct-2018 23:14
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k1w1k1d:

 

Why 2m fence? Isn't 1.8m the normal height?

 

What is the concrete patio? Whos side of the fence?

 

 

A 2m fence is what he suggested.  There's been some tension between us recently mainly over this fence issue, and 2m is the maximum height we can have in this area.

 

The concrete patio is on our side of the fence and goes right up to the current fence.  So, a new fence would need to be built 200mm onto that patio, on the correct boundary line.


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Master Geek
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  Reply # 2107048 12-Oct-2018 23:23
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I heard a talk a while ago from a surveyor, talking about this. IIRC the Act doesn't define what a standard fence actually is. Eg something like a single wire could be good enough to satisfy the Act. Any extras he wants to pay himself is his choice. I'm pretty sure you can get away with something ultra basic to satisfy the act, and keep your costs down. 




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Wannabe Geek


  Reply # 2107049 12-Oct-2018 23:25
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Bung:
moore4:

 

Hi, I'm new to this site, and looking for advice please

 

 

 

My neighbour and I have lived next door to each other for 12 years.  We have shared a 55 meter fence between us for all of that time.  Just recently my neighbour happened to have a boundary survey done on his property and it has come to light that the fence that we've lived with for all that time as a boundary fence is in fact 200 mm away from the boundary line into his property.  So, the fence actually belongs to him, and as such, it seems that there is no actual boundary fence.

 



I remember this coming up a couple of times on the TM Real Estate forum. When it was just a problem with the end post the fence was in line with a boundary peg. Have you measured from the new peg to your other fence and compared that to your title? Does your other fence have pegs?

 

 

 

Yes, unfortunately it's a long tedious issue that has snowballed from a simple, easy to remedy issue to now a very expensive issue that he's determined to get his own way over.

 

We now have a peg at our adjoining front boundary.  His back boundary comes halfway along our side boundary, and there is no peg there.  His surveyor is doing a GPS thing to locate the exact point where the peg should be.  It's not the length of the boundary that's the issue, it's that the current fence apparently should be closer to our property by 200mm than what it is.


696 posts

Ultimate Geek
+1 received by user: 249


  Reply # 2107050 12-Oct-2018 23:49
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200mm ?

 

Sheesh!

 

Since the fence can never be built exacly on the boundary, whats the margin of error?




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Wannabe Geek


  Reply # 2107052 12-Oct-2018 23:54
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elpenguino:

 

200mm ?

 

Sheesh!

 

Since the fence can never be built exacly on the boundary, whats the margin of error?

 

 

Exactly!  Hence why I'm annoyed that he wants to put us through so much expense for such a small amount of land.


Baby Get Shaky!
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Uber Geek
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  Reply # 2107056 13-Oct-2018 00:16
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Have heard of a similar situation where the boundary fence wasn't quite accurate. It went to the disputes tribunal and it was deemed that the current fence was fit for purpose and the defending party wasn't liable for any costs to replace. In this case the person wanting to build the new fence was the one who's yard was larger then it should have been. They ended up building a fence, at their own expense, on the property line which left two fences with no gap between...

 

200mm really is petty! Sounds like the neighbour is just using this as an excuse to get a shiny new fence installed at half your expense. As mentioned above, a new fence only has to be adequate for the job at hand. Generally* this is considered to be a simple 1.8m wooden picket fence with no capping or baseboard which is what was quoted above at around $90-100 per linear metre (plus extra for your concrete issue). I know this is what HNZC define as their standard fence and the only type they will pay half on. I totally understand you when you say its hard to afford, in this day and age it's hard to chuck away 5K on something that you don't deem as relevant just cause someone else decides they want you it.

 

Best of luck mate. Fencing issues destroy communal harmony far to often in this country. It is so petty.

 

*Anecdotally and from discussions I've had at work and with various organisation (HNZC, MBIE etc.)


2573 posts

Uber Geek
+1 received by user: 357


  Reply # 2107057 13-Oct-2018 00:18
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moore4:

Yes, unfortunately it's a long tedious issue that has snowballed from a simple, easy to remedy issue to now a very expensive issue that he's determined to get his own way over.


We now have a peg at our adjoining front boundary.  His back boundary comes halfway along our side boundary, and there is no peg there.  His surveyor is doing a GPS thing to locate the exact point where the peg should be.  It's not the length of the boundary that's the issue, it's that the current fence apparently should be closer to our property by 200mm than what it is.



I wasn't referring to the length of that boundary but the width of your section. For years you've had a fence with a boundary peg in front of it. Assuming that the width to your other boundary (or your neighbour's for that matter)is correct what prompted your neighbour to get a new survey?

779 posts

Ultimate Geek
+1 received by user: 185


  Reply # 2107070 13-Oct-2018 06:49
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moore4:

elpenguino:


200mm ?


Sheesh!


Since the fence can never be built exacly on the boundary, whats the margin of error?



Exactly!  Hence why I'm annoyed that he wants to put us through so much expense for such a small amount of land.



Thing is it isn't an insignificant area. .2m by 55m is 11 sqm. While this case is in a Northland if this was Auckland that land would be 3orth slot of money.

We are going to be in a similar case but from the other guys point of view. The fence follows a concrete path so while it starts on the boundry it streches out to .5m on our boundry. The fence is also falling down in places.

765 posts

Ultimate Geek
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  Reply # 2107127 13-Oct-2018 08:51
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Consumer webpage on Fencing

It has an example of what the act says a notice must contain; and also details around objecting.

696 posts

Ultimate Geek
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  Reply # 2107134 13-Oct-2018 08:51
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Does that mean the materials are not reusable?

1626 posts

Uber Geek
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  Reply # 2107184 13-Oct-2018 10:21
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20cm!?  How long has the fence been there?  Common sense would suggest that this would be thrown out espesially if the fence has been standing for a significant amount of time!


2573 posts

Uber Geek
+1 received by user: 357


  Reply # 2107189 13-Oct-2018 10:34
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I don't know if common sense comes into it if it has to be settled.

I suspect that the new survey is just more accurate rather than the old peg being in the "wrong" place. It would be interesting to see how the neighbour's other boundaries would be affected by resurveying.

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Uber Geek
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  Reply # 2107190 13-Oct-2018 10:34
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Buy the strip of land from your neighbour?

 

 


698 posts

Ultimate Geek
+1 received by user: 155


  Reply # 2107473 13-Oct-2018 22:05
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I wouldn't be handing over any money until they have gone the legal route and given you a fencing notice and you counter claiming on it with your concerns(ie existing fence is in good condition, not worth paying for a new fence etc) and waiting until they get a decision. A cosmetic issue is not a good enough reason to ask you to split the costs. 


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