The client wanted to build a new fence on a shared boundary. They wanted to know how to go about this and the process that is required to be fair.
The advice given was that before you start any work on building a new boundary fence, the first thing you need to do is talk to your neighbour who shares the boundary with you. You'll need to come to an agreement with them about building the fence, as well as details such as how high the new fence should be, what building materials will be used, and how much to spend on it (because your neighbour is expected to share the cost of the fence).
Once you are both in agreement it's best to get it all down in writing as evidence of what you've agreed to, and only then should you begin arranging the fence to be built.
If you change your mind about the type of fence you want, you will need to consult with your neighbour to ensure they agree to it.
Hopefully you are both in agreement, but what happens if your neighbour does not agree?
If you've tried and failed to reach an agreement with your neighbour, you can use a Fencing Notice. This is a formal proposal which describes the fencing work you would like done including the cost of which you want your neighbour to contribute. The Fencing Notice has to specify the boundary along which work is to be done, the nature of the work (eg. building a new fence or repairing an existing one, and what it will look like) and the materials to be used.
The notice has to state an estimate of the cost of the work, and how those costs are to be shared (if you propose that they aren't shared equally).
It must also tell your neighbour that they have 21 days to object, and that if they don't object within this period they will be deemed to have consented to the work.
A sample Fencing Notice can be found from the NZ Legislation website.
Follow this link on our website www.cab.org.nz for more information and in the search bar type:
KB00001037 – What do I need to do if I want to build a new boundary fence?
Trees and hedges
Trees and hedges can be a common problem between neighbours. There are people who trim their trees and hedges on both sides to keep them neat and tidy. But this is not always the case.
The following example illustrates a person who does not believe they need to keep their trees trimmed and it is affecting a driveway.
We have neighbours on one side of our driveway who have trees that tower over our driveway. The trees are taller than our house. We are able to trim the lower branches that hang over our fence but we have cars parked up the driveway that constantly get bird droppings on them and leaf debris falls on them.
Unfortunately the neighbours do not want to trim the taller branches that are causing the problems. What can we do to solve this problem? I have tried contacting them and asking them to trim the branches but they say we can do it.
The advice given confirmed that the client is able to cut the branches that come over the fence onto his side of the driveway. The trimmings cut from the trees remain the property of the neighbour and it is their responsibility to dispose of them.
It is always a good idea to try and talk to your neighbour about the problem and try to reach an agreement with them about what to do. If your neighbour is unwilling to come to an agreement, mediation between you are your neighbour may be an option. Your neighbour would have to be willing to do this. If you can't come to an agreement , you can apply to the Disputes Tribunal for a decision.
The District Court may make an order to trim or remove the tree if:
• There is risk of damage to your property or harm to a person.
• The trees are interfering with your enjoyment of your property because of falling leaves, fruit or branches and they may be blocking the light or your view.
• The trees are interfering with your drains or gutters.
Follow this link on our website www.cab.org.nz for more information and in the search bar type:
KB00001150 - I have a problem with my neighbour's tree – what can I do?
KB00001152 – Can I trim branches from the neighbour's trees if they are hanging over my boundary?
KB00001154 – what can I do if my neighbour's tree is blocking my view or damaging my property?
Boundaries
There are many older properties in and around Napier that do not have clear boundaries.
The following problem concerns boundaries between properties and a neighbour who cut down a fruit tree.
The client came home from work to find his 5-year-old fruit tree had been cut down by a tree-cutting firm. The people were still on site clearing up the debris. The client took photos but realises that the boundary between the properties is not divided cleanly by a boundary fence but a small retaining wall that drops down to the neighbour's path.
The client is convinced the neighbour knew the tree was on her property, but it was causing the retaining wall to crack so the neighbour decided to do something about it without any discussion. There had been no communication previously on the tree causing damage.
The information and advice given to the client is linked to Community Law. If your neighbour unreasonably damages your tree or kills your tree (eg. by poisoning the roots), your neighbour might be liable for compensating you for the damage they caused. You and your neighbour might be able to come to an agreement over what is reasonable compensation. If you cannot agree on the matter, your options can include:
• Mediation - where a mediator helps you and your neighbour to come to an agreement.
• Arbitration - where an independent arbitrator hears both sides of a dispute and provides a legally binding solution. However, both you and your neighbour must be willing to participate.
• Applying to the Disputes Tribunal if the damage is no more than $30,000 for a decision.
It was also suggested to the client that he goes to the council to check on the property boundaries. The cracked retaining wall may also need to be dealt to and a builder's report could establish a solution.
Follow this link on our website www.cab.org.nz for more information and in the search bar type:
KB00041768 – What can I do if my neighbour damaged my tree while trimming overhanging branches?
KB00000026 – What is the Disputes Tribunal?
• Anyone who needs advice can contact the Napier Citizens Advice Bureau in Bower House, Bower St, Monday to Friday, 9am-4pm. At present we are still seeing people face to face, so pop in or call us on 06 835 9664 or 0800 367 222. Alternatively, you can email us at napier@cab.org.nz. Confidentiality is assured.
