Fence partly blocks neighbour's gate in Devonport boundary dispute

Two neighbours in the leafy, waterfront Auckland suburb of Devonport are at legal loggerheads after one built a fence across the other's gateway.

The boundary dispute turned sour when Ian Cliffe of 11b Mays St built a 2m high fence along the boundary on a right-of-way, partly blocking the corner gateway of his neighbour Mark Street at 15 Mays St.

Cliffe's fence runs in front of Street's angled 1.08m gate, leaving only a 57cm gap for entry — not even wide enough for an Auckland Council wheelie bin, according to Street.

Cliffe said he had the fence built last year, following problems with Street's gate being partly on his property.

"They put a much bigger gate in and it encroached. I have built the fence to my boundary line," said Cliffe, whose property was valued on Auckland Council's website last July at $2.6 million.

Asked if he had any qualms about building the fence built across his neighbour's gate, Cliffe said: "Absolutely no concerns what-so-ever."

Street said the fence over his gate created issues for him: "You can't get an Auckland Council wheelie bin through it, or one of those modern push-chairs."

An older, existing gate had been in place for many years and a hedge marked the boundary but the wider new gate was built about four years ago, Street said.

When it was made known to him that the new structure partly encroached on his neighbour's property, Street said he had one of the posts moved. But that did not resolve the situation.

"We moved it, but he was still annoyed," said Street whose property was valued at $2.75m last July on the council's site.

"It's a very nasty situation. It's petty and vindictive, Street said.

Cliffe and Street both said High Court documents were filed but an agreement was reached before any action ensued.

But Cliffe said Street had subsequently breached the terms of that agreement, so the case was going to mediation.

Street said retired High Court judge, arbitrator and mediator Barry Paterson QC was expected to issue a decision this month.

The Mays St properties: 11b (left) whose title runs up the right-of-way and 15 (right) on the street.

The council said Ian and Vivienne Cliffe of 11b May St applied for retrospective resource consent for the non-compliant fence, which at 2m was above the legal 1.8m height. The fence runs from the Cliffe's property, up the right-of-way alongside 15 Mays St.

The application said the right-of-way gave access to five properties but the council indicated Street had complained about Cliffe's new fence.

"Concerns regarding the height of the fence were originally raised by the adjoining property at 15 Mays St and were investigated by the compliance team," the council said.

Cliffe was told he could either demolish the new fence, reduce its height or apply for retrospective consent. That was granted on a non-notified basis because the effects of the tall fence were deemed no more than minor.

But Street says he fears that fence will kill his monkey apple hedge because light will not be able to penetrate the branches.

Street can access his property via an entry off the right-of-way beside Cliffe. He said he can move wheelie bins in and out via alternatives to the partly blocked gateway but remains unhappy about the situation.