Bob and Vera are enjoying a quiet drink on the deck during the holidays. All of a sudden, neighbour Stan appears at the boundary, armed with a shovel and string line.
“Ah, what you up to, Stan?” Bob inquires, bemused.
“Gidday, Bob ... yep, been meaning to get on to this boundary fence for a couple of years now. I’ve got a beaut design, really love the yellow, too. Reasonable price, as well – all up ten grand, not bad for a six footer.”
Bob is rendered speechless. “Hey, why the long face Bob? I don’t want your half right now. I’m a reasonable man, payment by the end of the month will be fine.”
Bob: “B...but, you’ll be blocking our view … yellow clashes with our house … and we can’t afford FIVE GRAND.”
Think it doesn’t happen? Scenes like this do play out, turning friends into foes, and a new fence into a permanent legacy of a bitter, and often protracted, feud.
I’ve seen neighbours, once great mates who shared barbie nights and child-minding, reduced to arch rivals lucky to share a civil word. All it took to divide them was one fence.
A guiding light
Unfortunately, there are some misconceptions around fencing, to the degree some folk reckon you can unilaterally whack up any old fence, and the bloke next door’s got no choice but to stump up half the cost. Little do many people know, the Fencing Act 1978 provides clear guidelines, processes and documentation, and that the district plan and land covenants on titles often have relevant rules that need to be followed.
If you’ve got as much as an inkling you want to build a new fence or repair an old one, get your hands on a copy of the Act, as well as your local district plan and any land covenants on your title.
Under the Act, the first step for the landowner wanting to build the fence is to issue a “fencing notice” to the neighbour, which includes: A description of the boundary; the type of fence, its dimensions and materials to be used, and, dates when the work will start and finish. Oh yes, and the cost.
If, as the recipient, you don’t like what you see, you’ve got 21 days to issue a formal counter-proposal, outlining your objections and alternatives. Otherwise, your neighbour has carte blanche to erect the fence as per their notice, and invoice you your share.
Crossing the divide
Can’t agree? If the fencing project is less than $15,000 (or both parties agree to a $20,000 threshold) the matter will be heard by the Disputes Tribunal. Any more and it’s off to the District Court. Warning: The District Court route can prove costly and it’s not unheard of for both sides to leave the Disputes Tribunal with an adjudication neither is at all happy with.
I’ve also seen people who haven’t consulted the Act haggling and sniping for aeons around things that aren’t allowed anyway! Schedule 2 sets out which fences – both urban and rural – are acceptable, including the nitty gritty on dimensions, materials and construction methods.
Be warned though, the Act does not operate in isolation, and must be considered in tandem with the district plan and any land covenants registered on the title to your property. What may be perfectly acceptable under the Act, for example, might be ruled out under your local authority or land covenant requirements, or vice versa.
Big boundary bloopers
Double-check – no triple-check – where the actual boundary line lies. It wouldn’t be the first time someone’s had to tear down a fence because they accidentally snaffled a few centimetres of their neighbour’s land.
There are also interesting issues around subdivisions. Property developers include a clause in the sale and purchase agreement ensuring they’re not liable for contributing to fencing costs, when the adjacent property remains unsold. You’ve got two choices: foot the bill on your own, or hold off on the fence until someone buys next door.
Avoiding a neighbourly brouhaha around fencing is never a given. You can lessen the chances, firstly by familiarising yourself with the legislation and then bringing up the issue informally well in advance. Don’t just spring your grand plans and equally grand budget on neighbours at the eleventh hour. They’re likely to feel quite fenced in … and that’s not great for neighbourly relations.