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197 posts

Master Geek
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  Reply # 2107506 14-Oct-2018 07:11
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More random thoughts...

While the land area could be regarded as valuable it hasn’t really caused a reduction in value to the neighbour ie it’s still part of building envelope calcuations, site coverage and distance to boundary for buildings.

Why not just suggest moving the existing fence, could be quite easy especially if posts not concreted. I’ve even moved concreted posts, just dig down beside them put a little ratchet winch to something or a prize bar and pull. 200mm is not far.

643 posts

Ultimate Geek
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  Reply # 2107507 14-Oct-2018 07:12
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Clearly I will be in the minority....but ...

 

I fully understand the desire to move the fence by the offending neighbour as I would want my land back.

 

 

 

Now as to whether the other neighbour should pay that's a different story and for me it would pivot off the serviceability of the existing fence ie.

 

1. If its marginal - then we go halves now and move it to the bdy.

 

2. If its OK - leave it until it becomes marginal - then we go halves now and move it to the bdy.

 

3. If its OK and its fully MY desire to move it - then yeah I would probably pay the full price myself.

 

 

 

PS: Your guys fences are expensive!! Had 40 m of fence built a couple of years back std 1.8m / rail and batten @ $75/m. (Auckland) Shared bdy - but adjacent owners have not moved in / built on it for the 5 years we were there - so I paid for it myself ie. as it was of limited/no benefit to the neighbour. (See 3 above.) 


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Uber Geek
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  Reply # 2107574 14-Oct-2018 10:15
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Lurking as we got our section surveyed as we need to rebuild the cracked and leaking garage hard on the boundary.

Discovered the boundary is half a meter into the neighbour's section and they have built a sauna onto the side of the garage...

2574 posts

Uber Geek
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  Reply # 2107627 14-Oct-2018 11:02
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You can understand fences moving about as they often replace hedges that started on a line and then became offset as they grew or got clipped. Garages that needed a permit should have had the position located wrt the boundary as part of the inspection. Things get screwed up, there's a house not far from us that was built 180 degrees rotated as the slab was cocked up. The owners built and sold rather than start again.

I don't know if the sauna owners can have any claim on the wall but you could gift it to them as you retreat 😂

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Ultimate Geek
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  Reply # 2107634 14-Oct-2018 11:50
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In relation to the point about the fence being on the boundary, there's some information on a case in footnote 23 of this document --> http://www.nzlii.org/nz/journals/OtaLawRw/1978/10.pdf

What the article says in the text which the footnote applies to is: "Like its predecessor the 1978 Act applies only to fences erected on the true boundary. It does not apply to fences or other structures erected inside the boundary."

If you are going to get advice from CAB or a community law centre, you could take that case reference along as a starting point, and they should be able to check if that's the correct position.

FWIW, in that case I think the fence in question was something like 9 or 10 inches from the boundary, so a similar distance to yours, but different circumstances.

322 posts

Ultimate Geek
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  Reply # 2107684 14-Oct-2018 16:55
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sound like the type of fence is wrong - I would look at getting quotes for metal fence 1m  high, bolted to concrete, then he can upgrade to 2m wood fence at his cost.


mdf

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  Reply # 2107687 14-Oct-2018 17:20
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Community Law has a good introduction. If you object, the process is to respond with a cross notice, setting out your alternative proposal. Ultimately it might end up in the Disputes Tribunal. It will likely turn on whether the current fence (or your alternative proposal) is "adequate". You might be able to argue that (for example) the existing posts are on the boundary and (maybe) switching the posts and palings to the other side will give almost all the benefit without digging up a patio or reducing the cost. If nothing else, you might be able to get the fence scaled back and so reduced in cost.

 

The Disputes Tribunal is a low cost forum with no lawyers, but anecdotally at least some of the outcome depends on the sympathies of the referee on the day.


197 posts

Master Geek
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  Reply # 2107711 14-Oct-2018 18:19
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One thing I’ve never seen defined and I don’t think think the fencing act does it is where is the center of a fence in relation to the boundary? Is it half way between the two extremes of the fence, is it the wire or pailings or is it the center of the posts?

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Ultimate Geek
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  Reply # 2107713 14-Oct-2018 18:26
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Have a look at section 22 of the Fencing Act, which defines where they are to be built in relation to the boundary - basically middle of the fence on the boundary, or if it has posts, then posts on the boundary.

mdf

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  Reply # 2107714 14-Oct-2018 18:27
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Lastman: One thing I’ve never seen defined and I don’t think think the fencing act does it is where is the center of a fence in relation to the boundary? Is it half way between the two extremes of the fence, is it the wire or pailings or is it the center of the posts?


Section 22.

http://www.legislation.govt.nz/act/public/1978/0050/latest/DLM21872.html

197 posts

Master Geek
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  Reply # 2107729 14-Oct-2018 19:08
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froob: Have a look at section 22 of the Fencing Act, which defines where they are to be built in relation to the boundary - basically middle of the fence on the boundary, or if it has posts, then posts on the boundary.


Thanks, that’s about the fairest way, especially for agriculture.

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Ultimate Geek
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  Reply # 2107938 15-Oct-2018 09:11
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 There's some easy to digest advise here: https://www.consumer.org.nz/articles/fencing-law

 

^Mike

 

 


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Uber Geek
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  Reply # 2107980 15-Oct-2018 10:11
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It's a shame that the new survey has been commissioned by the neighbour. I would be interested in how the survey peg in line with the existing fence is now in the wrong place. This sort of thing is common in Christchurch and other eathquake locations where the ground has moved and there are procedures for resolving it.

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