what is an adequate fence nz

adequate fence means a fence that, as to its nature, condition, and state of repair, is reasonably satisfactory for the purpose that it serves or is intended to serve. adjoining occupiers means the occupiers of the lands on either side of a common boundary or a common fence. Is a hedge an adequate fence NZ?

Full Answer

What is an adequate fence?

An “adequate fence” is described as “a fence that, as to its nature, condition, and state of repair, is reasonably satisfactory for the purpose that it serves or is intended to serve”. Who is responsible for the costs associated with the fence? Generally, owners of adjoining land share the costs equally for an adequate dividing fence.

What is the suitability of a fence?

The suitability of a fence depends on its intended purpose. The Act defines an adequate fence as “a fence that, as to its nature, condition, and state of repair, is reasonably satisfactory for the purpose that it serves or is intended to serve”.

What can I expect my neighbour to pay for a fence?

Generally, if you want to build a fence on a common boundary with your neighbour, or upgrade an existing one, you can expect the neighbour to go halves on the bill for an "adequate" fence. That is, one that is "reasonably satisfactory" for the purpose it is intended to serve.

Is a 7 wire fence acceptable between neighbours?

Feel free to get in touch with our advisers at 0800 266 786 or [email protected] if you'd like further clarification. In the rural situation a 7 wire fence between neighbours is generally acceptable. However I cannot find any guidance for an adequate fence in the urban area. Is there any help on this issue? We are currently putting in a pool.

Is a hedge an adequate fence NZ?

It could well be possible that a hedge is an adequate fence in some cases in urban areas. Now, if an owner wishes to compel the adjoining occupier to contribute to the fence, a Fencing Notice must be served. The Notice must specify the type of fence or repair work proposed, and the estimated cost of the work.

What is the legal requirement of a fence?

Are there any legal rules and regulations I need to consider? In the UK, the norm is that fencing in your back garden should be a maximum height of 2 metres (about 6.5 feet) and the front garden of your property should be 1 metre (3.2 feet).

What is the legal height for a fence in NZ?

2.5 metresAs the fence height is greater than 2.5 metres, a building consent is required. An owner wants to build a new timber fence with an overall height of 3 metres along the rear boundary of their property. As the fence height is greater than 2.5 metres, they will need to obtain a building consent.

Does my Neighbour have to pay for half the fence NZ?

If you want to build a fence between your property and your neighbour's, or do up an existing fence, your neighbour should usually pay half the costs.

What is the 7 year boundary rule?

So this is different from the so called 'Seven year rule' which comes from Section 157(4) of the Planning and Development Act 2000. This means local authorities can't serve enforcement notices for an unauthorised development when seven years have passed since the commencement of the development.

Can I paint my Neighbours fence on my side?

When it comes to fence painting, you can do whatever you want to your side of the fence. So, if it is your fence on both the outside and the inside, then you are free to do whatever you like in regards to painting.

Can I build a fence without my Neighbours permission NZ?

This is a barrier, railing or other upright structure that helps enclose an area or mark a boundary. You will need a building consent for fences over 2.5m as well as any swimming pool fence. You may also need a resource consent. You will need to talk to your neighbours first before building a new boundary fence.

Does trellis count as fence height?

Your council treats a trellis as a fence only if it's physically attached to your fence. Although rare, such regulation will require you to install a free-standing trellis with its own upright support in order to make use of its height.

How tall can a Neighbours fence be?

The laws actually state that a fence can be as high as 100 meters. However, this is only allowed if proper planning permits have been obtained. This means that any fence under 2 meters in height does not require a permit. This simple law has a few complications to it.

Who gets the good side of the fence NZ?

both neighbours4. Choose same both-sides fences. Some fences have similar or even precisely same posts, rails and palings on both sides; this means that both neighbours have the 'good' side of the fence.

Can you build a fence next to another fence?

Yes. Yes, you can build next to your neighbour's fence. As long as you're inside your property line you're fine. One consideration: your posts might have to be staggered relative to the fence posts of the existing fence.

Can I make my Neighbour replace his fence?

Unless the existing fence is causing a safety hazard on your side, there's very little you can do to force your neighbour to repair or replace it if they don't want to. This is understandably frustrating for you, watching the fence leaning, rotting or falling apart, but legally your hands are tied.

What are the fence laws in Michigan?

Fences in residential areas shall not exceed four (4) feet in height and may be constructed of either metal, iron, chain link, wire, ornamental aluminum, vinyl or solid material construction such as wood, brick or masonry, except privacy fences allowed as provided in section 4D.

What are the fence laws in Texas?

A landowner has a right to erect a fence or other structure even if it obstructs a neighbor's view, lights, or air. Motive for erecting a fence is typically irrelevant, but property owners can't use their property in a way that constitutes a nuisance.

Does Oregon have a good neighbor fence law?

Oregon does not have a legal requirement that one neighbor informs another neighbor before building a fence along their shared property line, though it still may be a good idea.

How do you determine the responsibility of a fence?

Establish ownership via property deeds To find out which side of your fence/wall is your responsibility, you should start by looking at the deeds to your property. On modern properties, there should be a plan drawn to scale which shows the boundaries.

What are the fencing regulations in New Zealand?

The New Zealand fencing regulations are common sense at the end of the day, and most situations are best resolved without going through any legal process, but over a friendly cup of tea. After all, you probably both want the best fence at the end of the day. The team here at Fencelab can help with that. As well as being the experts on residential fences, we are also experts on aspects of perimeter design from commercial and security fencing, to park and school fencing, to gates and access control. If you need help demystifying fencing regulations, or if you’re ready to start putting one up, contact us to find out how we can help.

How high should a fence be for a swimming pool?

Most fences must be at least 1 metre high, although this can vary with the purpose of the fence and also by the local council in your area. One particularly important exception is that fences surrounding swimming pool enclosures must be at least 1.2 metres high. These are minimum values - your fence can be higher, although you should note that building a fence over 2 metres high will require a planning consent.

What to do if neighbour doesn't agree to fence?

If they don’t agree to your proposal for a new fence, you can serve them with a Fencing Notice to begin the formal dispute resolution process. The notice should first state that it is served under the Fencing Act, and then outline all the details about the fence you’ve planned. That means outlining where it will go, what type of fence it will be, how it will be built and by who, the cost and when work will start. Your neighbour has 21 days to respond, and your notice should also explain this. A non-response will be taken to mean that they agree and have agreed to split costs.

What happens if you serve a fence notice?

If you serve your neighbour with a Fencing Notice, you may receive a Cross-Notice in return. This means that your neighbour has objected in whole or in part to your proposal for one reason or more. They might think that your proposal is too costly, or that the existing fence is fine - remember, they are only obligated to pay for a fence which is “adequate” for the purpose. Even if you’d like a modern architectural aluminium fence, they may prefer a simple wooden option instead. A friendly chat is always the best way to deal with disagreements, but if you can’t work it out it may end up in the disputes tribunal. At this point, you should seek an expert opinion.

What is the best situation for neighbours to enter into a written fencing agreement?

The best situation is where neighbours enter into a written fencing agreement about repairs to an adjoining fence or building a new fence. This will lessen the risk of future problems and unnecessary costs.

Who is responsible for the costs associated with the fence?

Generally, owners of adjoining land share the costs equally for an adequate dividing fence. Where one party has not or will not pay their share, the Fencing Act contains a procedure where one neighbour can give the other a notice to contribute to the cost of the fence. They get time to consider the notice and if they don’t object to the notice, the other person can start work on the fence. The person given the notice has 21 days to object to the work on a fence, if they want to.

What to do if you have a fence issue?

A lawyer can help if you run into problems with boundary fence matters. They can also help if you find your fencing issues are complex and you need some clear perspective and legal advice. Seeing a lawyer can save you hassle and money in the long term. For more information, contact a lawyer to discuss your matter further. You can find a lawyer with the relevant knowledge and who works in your area using the FindLaw NZ directory.

What is the ideal situation for most of us when moving into a property?

The ideal situation for most of us when moving into a property is that our neighbours will be wonderful people that we can invite over for a BBQ, and have a drink with.

What is an adequate fence?

The Act defines an adequate fence as “a fence that, as to its nature, condition, and state of repair, is reasonably satisfactory for the purpose that it serves or is intended to serve”. Kind regards, Fonda - Consumer NZ staff. Previous member. 18 Jul 2016.

What is the Fencing Act?

The Fencing Act obliges neighbors to share the cost of any fence on the boundaries between their properties. If you can’t informally come to an agreement, the Act requires that you serve a notice on the owner of the neighboring property, outlining details about the proposed fence.

How high can a trellis be?

I would add a trellis panel to your side of the fence. Depending on the district plan for your area you may be able to go to a maximum height of 2m but some district councils have a 1.8m limit. Another option is to set the trellis panels 100mm away from the fence on their own posts.

How long does a neighbour have to respond to a counter proposal?

It must also explain that your neighbour has 21 days to object to any aspect of the proposal and make any counter proposals. It must say that if your neighbour does not accept liability, you must be told within 21 days the reason why and be given the name and address of whoever your neighbour believes is liable.

What is the name of the court that hears the fencing act?

Disputes Tribunal . A Disputes Tribunal can hear most claims relating to the Fencing Act, provided the claim does not exceed $30,000. District Court. A court can also hear claims relating to the Fencing Act or for property damage, including issues a Disputes Tribunal cannot hear.

Do fences have covenants?

It depends on where the fence has been built, the height and if there are any covenants on the land (e.g. some housing developments say no fences).

Is Consumer NZ a non profit organization?

Consumer NZ is non-profit. To help us get a fairer deal for all New Zealand consumers you can make a donation. We’ll use your contribution to investigate consumer issues and work for positive change.

What happens if my neighbour disputes a fence?

If your neighbour disputes the Fencing Notice within the Notice Period, they will serve a Cross Notice objecting to the proposed works before the expiry of the Notice Period (section 11, Fencing Act – see also Form 2, Schedule 1 of the Fencing Act for template Cross Notice ). The substance of the dispute may relate to all or any specific details of the Fencing Notice.

How long does it take to start a fence?

You have 28 days from the end of the Notice Period to begin your proposed works ( Prescribed Period) (section 14, Fencing Act). Should you fail to begin works within the Prescribed Period, either party may begin work within 90 days.

Can you build a fence on your own land?

Where no compromise can be reached, or where you wish to avoid negotiations with a difficult neighbour altogether, you may decide to build a fence on your own land as opposed to one on the boundary line. Any structure built on your land is a fixture on the land and is your property and your neighbour does not have a say on whether your erected fence is adequate or otherwise. However, the risk of this decision is that should your neighbour decide to erect a fence on the boundary line, you may also become liable to pay half of the cost of the boundary fence they have erected.

What is important about choosing a fence style?

The company must be reliable, professional and do the job promptly. No matter what is more important to you: boundary, protection, privacy, or style. Proper fence etiquette is critical to making your new fence pleasing ...

How to make a good fence?

Once you decide to have or replace a fence, try to follow the fence etiquette tips to ensure that “good fences make good neighbours”. 1. Observe boundaries. Ensure that you define your property lines by checking your home’s plat or blueprint for boundary lines (if needed, consider hiring a land surveyor to mark your boundary line physically). ...

Can you build a fence between your property and your neighbour's property?

According to the New Zealand Fencing Act, if you want to build a fence between your property and your neighbour’s, don’t argue . You can even expect the neighbour to go halves on the bill for an “adequate” fence. However, it is essential to consider that the fence will affect more than just your yard. Your neighbour also will see it.

Do fences have the same posts?

Some fences have similar or even precisely same posts, rails and palings on both sides; this means that both neighbours have the ‘good’ side of the fence. We have a wide range of options such as EliteWall, DuraPanel, ColourPanel, ColourSlat, or even Green Fencing.

What happens if you put up a fence without consulting your neighbour?

If you put up a fence without consulting your neighbour then you will need to ensure that the fence is within your property and that the fence complies with the local council regulations.

What happens if there is no fence?

If there is no fence or you think that the existing fence is inadequate or it needs repairing , then you can expect that your neighbour will share the costs of getting the fence built or repaired, however you can agree to an unequal sharing of costs.

Do neighbours have to pay for boundary fence repairs?

Property Disputes – Boundary Fences. There is a common myth that neighbours must pay half the costs of a new boundary fence or the sharing of costs of repairs to an existing boundary fence. It is very easy to get into a dispute with your neighbour if you haven’t followed the correct procedure.

What Is A Fence?

Who Is Responsible For The Costs Associated with The Fence?

• Generally, owners of adjoining land share the costs equally for an adequate dividing fence. Where one party has not or will not pay their share, the Fencing Act contains a procedure where one neighbour can give the other a notice to contribute to the cost of the fence. They get time to consider the notice and if they don’t object to the notice, the...

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Fencing Agreements

Where This Is No Fencing Agreement