North Canterbury News: May 27, 2021
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FENCING<br />
28 <strong>North</strong> <strong>Canterbury</strong> <strong>News</strong>, <strong>May</strong> <strong>27</strong>, <strong>2021</strong><br />
Law lays out aprocess to settle<br />
boundary fencing disputes<br />
The installation of property boundary<br />
fences can often cause disputes between<br />
neighbours.<br />
To avoid this, Consumer New Zealand<br />
recommends talking to neighbours<br />
before undertaking any boundary<br />
fencing, and also checking the Fencing<br />
Act 1978 to learn about your rights and<br />
obligations.<br />
‘‘Discuss your plans with your<br />
neighbour before you start putting in the<br />
fence posts though, and keep the<br />
proposal reasonable,’’ aConsumer New<br />
Zealand spokesperson said.<br />
‘‘They are entitled to object if they<br />
disagree about what is appropriate.’’<br />
Generally, if you want to build afence<br />
on acommon boundary with your<br />
neighbour, or upgrade an existing one,<br />
you can expect the neighbour to pay half<br />
the cost for an adequate fence —that is,<br />
one that is reasonably satisfactory for<br />
the purpose it is intended to serve.<br />
However, if you cannot reach agreement,<br />
or your neighbour refuses to pay<br />
half, there is aformal process to follow.<br />
First, you must serve your neighbour<br />
with afencing notice which should<br />
advise that the notice is served under<br />
the Fencing Act 1978.<br />
The fencing notice should also contain<br />
the names and addresses of both you and<br />
your neighbour, and must inform the<br />
recipient that under the act neighbours<br />
share the cost of any fence on the<br />
boundaries between their properties.<br />
If both parties cannot reach an<br />
agreement, the act requires afencing<br />
notice to be served on the owner of the<br />
neighbouring property, outlining details<br />
about the proposed fence.<br />
The fencing notice must also describe:<br />
• Deer<br />
• Horses<br />
• Post Driving<br />
Based in Loburn<br />
17 years experience<br />
Phone Mark Sampson<br />
03 312 8335 or 0<strong>27</strong> 777 2882<br />
mrsampson@xtra.co.nz<br />
The right fence in the right place ...<br />
need to take the right steps.<br />
The boundary to be fenced, the type of<br />
fence to be built, who will build the<br />
fence, the estimated total cost, how<br />
materials are to be purchased, and the<br />
starting date for work.<br />
The neighbour must also be advised<br />
that they have 21 days to object to any<br />
aspect of the proposal and make any<br />
counter proposals.<br />
If the neighbour does not accept<br />
liability, they must inform you within 21<br />
days the reason why and also supply the<br />
name and address of whoever they<br />
Landowners installing or replacing boundary fences<br />
PHOTOS: FILE<br />
believe is liable for the fencing costs.<br />
Finally, acopy of the fencing notice<br />
must be kept.<br />
It must be signed and dated and<br />
inform the neighbour that if there is no<br />
communication within 21 days from<br />
then, they will be deemed to have agreed<br />
to the proposals and will have to share<br />
the cost.<br />
The fencing notice must then be<br />
delivered to the neighbour in person or<br />
by registered mail.<br />
This is called ‘‘serving notice’’.<br />
On the mark ... The law lays out requirements and processes should disputes arise over<br />
boundary fences.<br />
Do youservice the Ruralsectorand want<br />
help to reach your customers?<br />
Contact us today to find out howwecan help you.<br />
Email info@ncnews.co.nz or phone 03 314 8335<br />
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