Fencing disputes

Many incendiary disputes develop over the location or height of fences. The Fencing Act sets down the rules. In general, it says that if you want to build a fence along the boundary, or do up a dilapidated existing fence, your neighbour should pay half the costs involved in building an "adequate" fence. That is, one that's "reasonably satisfactory" for its intended purpose.

You can usually build up to two metres in height without having to get planning permission from your council.

It's important to discuss your proposal with your neighbour first, and keep them informed of likely costs. If, however, your neighbour refuses to cooperate, you can serve a "fencing notice" under the Act. (You can read a free copy of the Act at www.legislation.govt.nz - the notices appear as schedules at the end of the Act.)

The "fencing notice" sets out all the details of the proposed fence, including the type, estimated cost, how the materials will be purchased and paid for, who's going to build it and when work will start.

Your neighbour must respond with a counter proposal within 21 days or they're deemed to have accepted it, and must pay half. If they object, their response must take the form of a "cross-notice", which outlines their objections or counter proposal.

Some people try to circumvent the Act by building the fence a few centimetres inside their section, at their own expense, to the height or specification they desire.

Judges in a number of cases have frowned upon this approach. Be warned - if you take this path you may end up involved in expensive litigation, and may even be ordered to demolish your fence. (Of course, there's no problem if you wish to build a fence on your own property with your neighbour's agreement.)

For more information see our full report on fencing.