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.
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What is a sufficient fence?

A “sufficient fence” is one that meets the minimum standards for a sufficient fence set out by an area’s local government by-laws. The standard test is whether the fence would be capable of containing cattle. Your local council will be able to tell you what a sufficient fence is in your area.

Is a hedge an adequate fence NZ?

The Act requires the fence to be adequate which means a fence in a condition that is reasonably satisfactory for the purpose it is intended to serve. … However, an adequate fence does not necessarily need to be of a type specified. It could well be possible that a hedge is an adequate fence in some cases in urban areas.

How high can a fence be between Neighbours NZ?

How high can my fence be? You can usually build up to 2 metres in height without getting planning consent from the local council. However, you should always check with the council to make sure.

What is the legal requirement for fencing?

We would advise you not to ‘improve’ your neighbour’s fence in any way, including the application of stain or preservative unless you have their written permission. The following daunting selection of laws governing boundaries is important to know about, so do read it through before you start altering your boundaries.

What is a standard dividing fence?

Under the Act, a dividing fence is a fence separating the land of adjoining owners whether or not it is on the common boundary. It can be a structure, ditch, embankment, hedge or similar vegetative barrier and includes: any gate, cattlegrid or apparatus necessary for the operation of the fence.

Can my Neighbour make me pay for fence?

You cannot force him to do so as there is nothing in the law that would compel him. Boundaries don’t have to be fenced, unless there is something in your deeds that specifically says otherwise. If the neighbour refuses to agree, you could erect a new fence alongside your neighbour’s fence – even touching it.

Who gets the good side of the fence NZ?

4. 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.

How do you tell if a fence is yours or neighbors?

A T mark on one side of the boundary indicates that the person on that side is responsible for the fence. If there’s a T on both sides of the boundary, this is called a party boundary, which means both you and your neighbour are responsible for it.

Can a hedge be considered a fence?

California spite fence law starts with Civil Code section 841.4. … 3d 1301, the Court of Appeals held that trees and hedges planted in a row to form a barrier may be deemed a spite fence.

How high can my fence be NZ?

You can build a fence up to a maximum of 1.8 metres in height. If you want to build a fence that exceeds this height, you will need a building and/or planning consent from Council. Please discuss this with a Council planner.

Can I take my fence down without Neighbours permission?

It is important to know that your neighbours are not legally obliged to fix or replace a fence, unless it is causing a safety issue. … You can do this alongside your neighbours existing fence, as long as it is on your private property and inside your boundary.

Can you put up a fence between Neighbours?

You should try to figure out where the boundary between the two properties is. As long as it’s not higher than 2m, your neighbour is free to put up a fence on their property. If you have an issue with the fence, you should always try to resolve the situation in an informal way.

How high can my 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.

How do you know who owns a dividing fence?

The transfer or conveyance deed might state who owns it, but if it’s not in writing, then look out for any T-mark to the boundaries. The stalk of the ‘T’ will sit on the boundary and come out into your garden or property, which means that fence is your responsibility.

Who is responsible for a dividing fence?

The owner of the fence is usually responsible for maintaining the fence. However, this is not always the case. The owner may wish to have the side without the posts – the best side – facing their garden and erect the fence and the posts entirely within their own garden.

Can my Neighbour paint my fence on his side?

Your neighbour doesn’t have to change a wall or fence just because you want them to, for example making it higher for privacy. You can’t make changes to your side without their permission, such as painting it. If the wall or fence seems dangerous, point this out because your neighbour might not be aware.

Who owns a fence between properties NZ?

Fences must be on the boundary line, though there is provision for give and take where the true boundary is difficult to fence. The cost of building or repairing a fence is borne equally between adjoining owners, unless one owner damages it, in which case the cost of repairs will fall on that owner.

Do you have to ask Neighbour to paint fence?

Can I Paint my Neighbours Fence? If you want to change anything about a fence that legally belongs to your neighbour, you should ask their permission first – even if you’re only painting or staining your side of the fence.

What is considered a spite fence?

A spite fence is a fence (whether a division fence or otherwise) built maliciously, with the sole purpose or intent of annoying, injuring, or spiting an adjoining owner (commonly a neighbor). For example, a spite fence might block the neighbor’s view or obstruct the passage and enjoyment of light or air.

Can I cut back my Neighbours hedge?

If a neighbour’s tree or hedge is growing over into your garden, you cannot make them cut it back. However, you do have the right to remove overgrowing branches yourself, but only back to the common boundary. Any cuttings must be offered back to the tree or hedge owner.

Can you build a fence next to a hedge?

You could put solid fence panels if you want to, but the “downside” of this may well be that the hedge gets less rainwater and less sunshine, and may grow more slowly as a result.

Does a 2m high fence need planning permission?

Planning permission is generally required if the fence is higher than 2 metres – and potentially as low as 1 metre if the fence is by a road. You can also apply for retroactive planning permission, if your fence accidentally exceeds regulations, or if another person can raise reasonable objections.

Does trellis count as fence height?

Can you add trellis to your fence to give yourself extra privacy? That depends. There is no legal difference between trellis and fencing. So – in theory – the height of your trellis must be no more than 2 metres.

What is the 7 year boundary rule?

The Seven Year Rule So for example, if you complain to the local planning authority about your neighbour doing something on their land that you don’t like, if they’ve been doing it for seven years or more you might not have any luck stopping it.

Can I put up a screen on my side of the fence?

Privacy screens can be installed directly in front of the existing fence (on your side), totally negating the need to negotiate with your neighbours. Whilst there may still be some height regulations for your local council, it can provide a lot more freedom for you.

Can you have a fence higher than 6ft?

Now you know how tall your fence can be, you might want to think about how tall it should be. It all depends on the role you want for your fence. For the ultimate in security and privacy, a 6ft fence panel will do the job. Consider a lower 4ft fence or 5ft fence with a trellis topper for a softer boundary.