By Alden Ho - 27 Mar 2017
Do you know your rights under the Fencing Act? The Fencing
Act covers a multitude of possible scenarios, including the
commonly asked question of who should pay for a shared
fence.
A shared fence is a fence which is on
the common boundary between you and your neighbour. Such a fence
must be reasonably satisfactory for the purpose that it is intended
to serve.
If you and your neighbour cannot agree on who should pay for the
fence, then the Fencing Act provides for a notice procedure which
allows the party who wishes to build a fence to issue a "fencing
notice" to the other. Among other things, the fencing notice must
contain details of the type of fence, costs and materials to be
used.
If the recipient fails to respond within 21 days then the
recipient will be deemed to have agreed to the proposed fence and
share in the cost. If there is still a dispute, then the matter
will have to be progressed in the Disputes Tribunal or the District
Court with each forum having their benefits and disadvantages.
We recognise that relationships between neighbours are important
and it is easy for minor disputes to escalate out of control. This
is why getting good advice from the start is essential.
Construction law specialists Geoff Hardy and Alden Ho have expertise in navigating all
types of neighbourly disputes. If you require assistance on
understanding your rights and obligations under the Fencing Act or
other construction law issues, contact Geoff on 300 7613 or Alden
on 300 7634 today.