Boundary vs Fence - options - rights and responsibilities?

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Gordy7

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#293516 27-Jan-2022 15:50

It looks like the back fence of my property was built 600mm inside the boundary, possibly some 20 years ago, and as shown on a council map.

I am guessing that the owner/builder of my property could not contact the owners of the properties to the left of the picture or reach agreement on the erection of a fence.

The owners of the properties to the left of the picture have changed hands several time over the 20 years.

My property is to the right of the picture.

I rearly if ever see the owners of the properties over the fence.

Lower left is a rubbish dump against the fence with rampant convolvulus coming through.

Upper left are some over hanging trees with spikey leaves that also come through the fence and stab us when we are in our garden.

How much cutting and weed spaying can I do around the fence line?

Am I limited in what I can do at the fence line or the boundary? I don't really want to do too much to the nicer ornamental trees of my neighbours.

Gordy

My first ever AM radio network connection was with a 1MHz AM crystal(OA91) radio receiver.

Jase2985

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#2857223 27-Jan-2022 16:20

i would think the first thing to do would be actually establish where the boundary is. can you find any boundary pegs/stakes? if not maybe pay a surveyor to put 1 or 2 in so you know where it is, and so you can show the neighbor that's where the boundary is.

Gordy7

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#2857228 27-Jan-2022 16:32

Jase2985:

i would think the first thing to do would be actually establish where the boundary is. can you find any boundary pegs/stakes? if not maybe pay a surveyor to put 1 or 2 in so you know where it is, and so you can show the neighbor that's where the boundary is.

So far the boundary is only an estimate based on the council GIS aerial view and mapping boundares.

All other neighbouring properties have back fences on the the boundary line.

The fence is in a poor state and eventually I would like to establish the proper boundary for a new fence.

Some of the properties around me are over 100 years old and pretty unlikely to find the orginal pegs.

Gordy

My first ever AM radio network connection was with a 1MHz AM crystal(OA91) radio receiver.

MikeAqua

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#2857230 27-Jan-2022 16:35

If it's not on your side of the fence I would leave it alone. That 600mm strip is your land but it is the neighbours yard (psychologically not legally), and anything you do will seem intrusive, unless you have prior agreement. Even then it would be a bit weird.

With convulvulous while it's actively growing you can kill it without spraying it. You get a film cannister sized container and fill it with a systemic woody plant herbicide. Then put the growing end of a vine into the container and seal it in their with duct tape or similar. Do this to as many vine ends as you can get hold of. It takes about a month after treatment for it to die. It take more than on season to kill.

Mike

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#2857247 27-Jan-2022 17:03

The surveyors will be able to figure it out and place new pegs - it's what they do. There'll be a reference marker somewhere they can work off.

The good news is that the neighbour should also be liable for 50% of the cost of a reasonable fence. I went 50:50 with my neighbour after our shared fence laterally fell apart in several places, and also went 50:50 on a small retaining wall behind it [which he didn't have to do as his land is the higher of the two] as I got staff discount on all the materials. We smashed it out over three days - actually helped our relationship with them :)

pih

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#2857378 27-Jan-2022 19:31

You get a film cannister sized container and fill it with a systemic woody plant herbicide.

What's this "film canister" you speak of? XD

Actually I was thinking just the other day how I miss having a drawer full of them. They were so useful for so many things!

tchart

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#2857410 27-Jan-2022 21:52

Aerial photos are rarely accurate. There are many variable that would render them inaccurate (height of plane, lense etc).

The councils GIS layers would be based on the official LINZ data but the only way to see it on the ground is (as per others comments) is to get a surveyor in.

FWIW if the fence is old it was probably erected based on the survey pegs. Unless it’s miles out it’s usually not worth getting it surveyed again

The fact that the map shows 600mm is probably not the reality.

Bung

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#2857421 27-Jan-2022 22:38

tchart: The fact that the map shows 600mm is probably not the reality.

If the rear boundaries of adjacent lots should be on a straight line an aerial photo clearly shows any anomalies. Gordy7's photo shows reasonable alignment of the overlay with a boundary at the top, then a step to his fence. I'd be surprised if it was only 600mm.

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Gordy7

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#2857425 27-Jan-2022 22:57

Bung:
tchart: The fact that the map shows 600mm is probably not the reality.

If the rear boundaries of adjacent lots should be on a straight line an aerial photo clearly shows any anomalies. Gordy7's photo shows reasonable alignment of the overlay with a boundary at the top, then a step to his fence. I'd be surprised if it was only 600mm.

The general line of most back fences on many adjacent properties fall very close to the council/linz mapping lines.

My back fence could be 600mm at one end to more than 900mm at the other end inside the boundary line.

Not too worried about the loss of land.... less maintenance to do 😀

I think that the properties over my back boundary may have been originally owned by Housing Corp. So getting consent/agreement for a new fence 20 years ago may have been put in the too hard basket by the builder. So the fence was simply erected well inside the boudary to avoid issues.

I think as other posters have said, deal with weeds and over hanging trees at the fence line is the best and simplest option.

Gordy

My first ever AM radio network connection was with a 1MHz AM crystal(OA91) radio receiver.

Bung

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#2857431 27-Jan-2022 23:32

I had an ex Housing Corp house with downhill neighbour also ex HC. Original fences were post & wire followed by hedges. As various properties wanted more formal fences often they were erected beside the hedge. If the hedge died that left one side with the sort of gain you're seeing. When HC sold they usually added a clause to effect that their other properties if any wouldn’t contribute to any fencing required.

jim.cox

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#2857446 28-Jan-2022 04:45

Gordy7:

How much cutting and weed spaying can I do around the fence line?

You are allowed to cut anything that overhangs your side of the boundary.

You are not supposed to kill anything on the neighbour's - so go easy with the spray

As others have said, if you want to know for sure where that boundary is, you will need to get a surveyor in.

=mjc=
.

Gordy7

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#2857500 28-Jan-2022 08:39

MikeAqua:

If it's not on your side of the fence I would leave it alone. That 600mm strip is your land but it is the neighbours yard (psychologically not legally), and anything you do will seem intrusive, unless you have prior agreement. Even then it would be a bit weird.

With convulvulous while it's actively growing you can kill it without spraying it. You get a film cannister sized container and fill it with a systemic woody plant herbicide. Then put the growing end of a vine into the container and seal it in their with duct tape or similar. Do this to as many vine ends as you can get hold of. It takes about a month after treatment for it to die. It take more than on season to kill.

What is a good systemic woody plant herbicide I could use on convolvulus?

If I use this option to kill off the convolvulus on my side of the fence it will likely kill off the convolvulus on the neighbours side too...

Gordy

My first ever AM radio network connection was with a 1MHz AM crystal(OA91) radio receiver.

Gordy7

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#2857502 28-Jan-2022 08:42

jim.cox:

Gordy7:

How much cutting and weed spaying can I do around the fence line?

You are allowed to cut anything that overhangs your side of the boundary.

You are not supposed to kill anything on the neighbour's - so go easy with the spray

As others have said, if you want to know for sure where that boundary is, you will need to get a surveyor in.

I understand that if I cut overhanging trees on my side I can pop it over the fence to my neighbour as the tree material belongs to the neighbour.

Gordy

My first ever AM radio network connection was with a 1MHz AM crystal(OA91) radio receiver.

thewabbit

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#2857572 28-Jan-2022 09:51

Gordy7:

What is a good systemic woody plant herbicide I could use on convolvulus?

I gave up after a year and a bit of fighting convolvulus and went with the option of hiring a large skip and digging the garden out. fortunately my mate was leveling out his section and had an abundance of top soil I got for free. Wasn't weed free, but it didn't have convolvulus.

Granted the garden wasn't against a fence so it was easy to fully remove.

Cost of the skip was probably on par with how much I spent on various weed killers, a bunch of mates and a weekend had it all done pretty quick

insane

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#2857584 28-Jan-2022 10:21

Gordy7:

I understand that if I cut overhanging trees on my side I can pop it over the fence to my neighbour as the tree material belongs to the neighbour.

Yes that's right. Cut a huge section of the neighbours tree down (and it still lived) and neighbour chose to have the rings left on his property. Arborist gave him the option to get it removed at his cost if he wanted to.

MikeAqua

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#2859144 31-Jan-2022 11:39

Gordy7:

[What is a good systemic woody plant herbicide I could use on convolvulus?

If I use this option to kill off the convolvulus on my side of the fence it will likely kill off the convolvulus on the neighbours side too...

Yates Woody Weed Killer.

Just be aware its a very potent herbicide.

I'm not sure how much of the plant on your neighbours side this will kill off, but worth a go. It took me two seasons to deal to it where I had it.

Edit: Just found this site which says you can use roundup/glyphosate via the same method.

Five weeds to get out of your garden | Enhancing the Halo

Mike