A mutually agreed solution will always be preferable to a lengthy, costly, and bitter legal battle. Of course, we understand that this is not always possible, or maybe things have already progressed too far.
You may then need to know the legal situation and that is where we can be of some help. Here are just a few examples of the types of questions we get asked and the answers we might give.
The young people renting the house nearby regularly have noisy parties that go on until all hours. We cannot sleep and we've spoken to them, but that's made no difference. What can we do?
Here in Napier, the city council is responsible for noise control. You can ring them 24/7 on 835 7579 - noise control officers should respond promptly and if their noise measurement device confirms that the noise is excessive, they will instruct that it be quietened down. They have the power to confiscate the offending equipment, should this be necessary.
You should also contact the landlord or rental agency (if applicable) for the property. Most tenancy agreements include a stipulation that tenants must not cause disturbance to the neighbours. As a last resort, if all else fails, you can apply to the Environment Court for an enforcement order. But note that this involves you paying a fee, and probably a lawyer and maybe an acoustic consultant.
My neighbour has two dogs which regularly disturb us with their loud barking. Is there anything we can do?
Your first step is to start a record of when the dogs bark and for how long. The Napier City Council's animal control officers can be contacted during normal office hours on 835 7579. First, they will usually check that the owner has complied with the requirement that all domestic dogs be currently registered and microchipped. They may give dog owners advice on how to stop the problem, including anti barking collars. As a last resort, officers may remove the dogs.
A large tree on the neighbour's property is shading our place. We get no sun in the afternoons and they do not seem to care. Can they be made to remove or trim the tree?
We presume you have already talked to the owner of the neighbouring property, trying to see each other's point of view. Your only right to act yourself is in respect of any part of the tree overhanging the boundary.
You can trim branches or roots back to the boundary but remember – any wood or fruit removed belongs to the neighbour. But if the tree is not encroaching over your boundary, then unfortunately you have no absolute rights. It becomes a civil matter where you would need to mount a legal action through the disputes tribunal or district court. We would recommend seeing your lawyer.
The court can make an order for a tree or other structure to be removed if there is actual or potential danger to the applicant's life, health, or property; or if there is undue obstruction of a view; or if there is undue interference with the reasonable enjoyment of your land. In each case the court is required to balance the 'hardship' between the competing parties.
The boundary fence between mine and the neighbour's property is in poor condition. I want to replace it with a brand-new upmarket fence, and the neighbour won't agree to contribute. What are my rights?
Generally, you and the neighbour must go halves in the bill for a basic fence. If your proposal is for something much more elaborate and expensive than what the neighbour considers will suffice, then you could attempt a resolution by offering to pay a greater share than half. If the neighbour is totally unco-operative, do not proceed until you have served a fencing notice in the form prescribed in the Fencing Act 1978. We can help with this. It must give the neighbour 21 days to object.
Problems with shared access, easements and adjoining cross leased properties.
First, make every effort to come to some mutually satisfactory solution with your neighbour. If you contact us, we may have some suggested courses of action. But it can be a complicated area where we may recommend getting qualified legal advice. A lawyer will want to inspect the land title, lease documents, etc.
But I cannot afford to go to a lawyer.
At the Napier Citizens Advice Bureau, we operate a free legal clinic on Saturday mornings when a qualified lawyer will be in the bureau from 9.30-10.30am. It operates on a first come, first served basis. Bring all the relevant material and you will see our lawyer for approximately 10 minutes. This is usually sufficient time for you to get an expert opinion on what steps you should take to address your problem.
■ Napier Citizens Advice Bureau has moved premises. You will easily find us on the ground floor of Bower House, next to The Warehouse carpark. Open 9am to 4pm weekdays and 9.30am-10.30am on Saturdays. Phone 06 8359664 or email anytime to napier@cab.org.nz. No appointment necessary. We are here to help, and confidentiality is assured.
