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Thread ID: 76675 2007-02-08 22:05:00 who pays for a fence at a house?50-50? lance4k (4644) PC World Chat
Post ID Timestamp Content User
524028 2007-02-09 04:18:00 The ladies are better looking....... Metla (12)
524029 2007-02-09 04:29:00 so nothing has changed?

Snap . :lol:



All Black, go wash your filthy mouth out . I know nothing . . . . nnnNOthing .


Here's a wild and probably inaccurate guess though . The word adequate as it is write in several places of the Act probably applies, as in an adequate existing fence would preclude you being forced to pay half for a new one . Amongst others, an adequate fence is deemed to be a 1 . 5M> timber paling fence .


This important message has been brought to you by Bulls-hite-Anon, purveyors of the finest misinformation available on the interweb .
Murray P (44)
524030 2007-02-09 04:55:00 Why are we looking at this thread and all posting at the same sort of time. Time to go back to Database locking.

Go to www.legislation.co.nz (http://www.legislation.co.nz), click on Statutes, Click on "F" and find the Fencing Act 1978. The quite above is section 9.

The word in the quote you made which has me interested is "adequate".

If the fence keeps his pitbull off my place then it is adequate as far as I'm concerned. If it is low enough for my cat to get to his place then it may not be adequate from his point of view.

If my cat wants to investigate the pitbull and gets eaten in the process I would have to accept the loss. If my cat (in the process of being killed) inflicts enough damage on the pitbull for it to need vet treatment and I have to pay for this treatment, then maybe it was not adequate.

What say you move right next door to a Gang HQ. Then you offer another Gang rights to move in on the other side. This will give you fencing that I would say is more than adequate on both sides. No. I'm not serious.

Really just saying that the law can be interpreted in mysterious ways.
These ways do not always give Justice to all parties.
Sweep (90)
524031 2007-02-13 00:23:00 but what if u don't have enough money to meet at least Half the cost of the fence? Do i still have to pay? I can show my bank statements for proff i aint got even half the cash to pay. lance4k (4644)
524032 2007-02-13 00:27:00 "Not having enough money" has never been a legitimate reason to be able to avoid legal responsibilities. godfather (25)
524033 2007-02-13 01:09:00 "Not having enough money" has never been a legitimate reason to be able to avoid legal responsibilities . I was hedging my bets on this one (pun intended) but I think "inability to pay" or "inadequate means" do have some legal recognition, in that the Courts regularly impose alternative penalties such as community service etc, admittedly usually in criminal matters .

In a fencing dispute, inability to pay (OAP or on a disability pension for example) must have some recognition and consideration or the Court's decision could be seen on appeal as onerous by a higher Court . It wouldn't help if the fence was needed to keep their pets out of the neighbour's garden though!

Cheers

Billy 8-{)
Billy T (70)
524034 2007-02-13 05:09:00 You only have to pay half if the a: The old fence was in dire need of replacing
b: The new fence adds extra security or c: Add value to the property


Basically those are the 3 i found, but i guess if the fence does not need to be replaced then I would argue that point. Take photos etc as evidence incase it does go to court or else it would be an uphill battle.
rob_on_guitar (4196)
524035 2007-02-14 03:00:00 As before all the answers to the above questions are here in plain English -

. consumer . org . nz/topic . asp?docid=410&category=Legal%20Rights&subcategory=Neighbours%20%26%20environment&topic=Fencing%20Law&bhcp=1" target="_blank">www . consumer . org . nz

Agreed . That Consumer article is good .

Sometimes neighbours build a fence and then present you with a bill . Unless you agreed beforehand, you don't have to pay anything . The point of a fencing notice is to make sure you know what is intended, your liability, and give you a chance to send a cross-notice with your version of an alternative .

If you cannot pay then you can be sued and eventually an order placed on your wages/bank account for payment . Mind you, that is quite a process and many people would never bother .
Winston001 (3612)
524036 2007-02-14 04:19:00 We still don't know if there is an "adequate fence" there already.


9. Adjoining occupiers to share cost of fencing

Subject to the provisions of this Act, and to any order of the Court made under this Act, the occupiers of adjoining lands not divided by an adequate fence are liable to contribute in equal proportions to work on a fence.
Graham L (2)
524037 2007-02-14 05:01:00 What's the case if there's no obvious need for a fence? roddy_boy (4115)
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