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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 | ||
| 524008 | 2007-02-08 22:05:00 | if ur neighbour wants a new fence,do i still have to pay half even though i don't want a new fence? Or does the neighbour have to pay the whole price cuz they want it and not me. | lance4k (4644) | ||
| 524009 | 2007-02-08 22:11:00 | Hi Lance. Fish around on Google. There are several Fencing type rules and well worth reading. You will eventually have to pay half.... if the neighbour advises you before starting, if the fence meets the rules (different rules for rural and city dwellers), if the fence height/strands of wire/palings all suit and more. Worth getting the rules in hand before starting to discuss it with the neighbour. | Scouse (83) | ||
| 524010 | 2007-02-08 22:13:00 | As I understand it, you can refuse to pay, but if they build it, and it adds value to your property, which it will, then they can take you to Court and any judge will rule that you can't have added-value without sharing the cost. You would then have to prove you have no ability to pay. Now or in the future. Good luck on that one. Suggest you seek legal advice, or maybe talk to C.A.B. Ya need to be careful though, coz they could just go ahead anyway and build a $10k fence and hit you up for $5k.....or you could reach some agreement and build a $5k fence, and pay $2.5k. My opinion, though not official, has come from experience... T |
allblack (6574) | ||
| 524011 | 2007-02-08 22:19:00 | 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. 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. |
Mackin_NZ (6958) | ||
| 524012 | 2007-02-08 22:22:00 | I got the same situation too. What about trees that in my area? If they have to have them remove, do I have to share the cost as well? Thanks | ahd8888 (184) | ||
| 524013 | 2007-02-08 22:25:00 | Look up the Fencing Act. You'll be able to read and save as HTML if not PDF (the blimmin sods building the new public access legislation archive have been pissing around for yonks now). I haven't looked at the act for a good few years, so it may have changed but: Essentially, if the fence is on the boundary, all you are required to pay for is 1/2 cost of a five wire post and batten fence (i.e. typical farm fence). There was talk of making that a post and rail timber paling fence in urban areas. Edit: The timber paling fence may be local variation under the RMA/District Plan. There are other rules and guidelines under local authority District Plans (governed by the Resource Management Act [RMA]), IIRC, no fence shall be higher than 1.5M without consent of affected parties (neighbours), if you want to go higher you may need a resource consent. An old trick if you didn't have agreement from the neighbours as to what style of fence to build, was to pull the fence entirely within your boundary and away you go. However, you pay all costs yourself and still must remain within the rules. Also, IIRC, the fence must not detrimentally effect the neighbours' amenity values or words to that effect (yes very vague and sloppy). Anyway, don't rely on my poor memory, check it out for yourself. Another place to look, probably the most pertinent, is to check out your local authorities website. |
Murray P (44) | ||
| 524014 | 2007-02-08 22:25:00 | You only have to pay half, if it is a boundary fence. However the property building the fence could build it on their side of the boundary, and then you wouln't need to pay anything. You can then also build a fense on your side if you want your own fence, and don't like their. If it is a boundary fence, you do have to pay half, but only on the cost of a reasonable fence, such as a timber fence. You don't have to pay half, if they want to put up an expensive fence such as a block wall fence, you would only need to pay the amount you would have paid if the fence was timber. You should plant a hedge on your side of the boundary, and tell thenm you don't want a fence, as you have setup a hedge. |
rogerp (6864) | ||
| 524015 | 2007-02-08 22:29:00 | As I understand it, you can refuse to pay, but if they build it, and it adds value to your property, which it will, then they can take you to Court and any judge will rule that you can't have added-value without sharing the cost. You would then have to prove you have no ability to pay. Now or in the future. Good luck on that one. Suggest you seek legal advice, or maybe talk to C.A.B. Ya need to be careful though, coz they could just go ahead anyway and build a $10k fence and hit you up for $5k.....or you could reach some agreement and build a $5k fence, and pay $2.5k. My opinion, though not official, has come from experience... T No, you cannot necessarilly refuse to pay. Nope, doesn't work like that. Not necessary to throw money at lawyers unless it turns into a real shitfight. Better of talking to your local TA/City Council. No, well perhaps. Bad? |
Murray P (44) | ||
| 524016 | 2007-02-08 22:47:00 | Rightyo, looks like my memory is a bit rusty plus the Act has been changed. Relevant sections: Part 2 s8: Fence not to encroach without consent or Court Order and; Part 3, s9 to s22. Enjoy. |
Murray P (44) | ||
| 524017 | 2007-02-08 23:01:00 | Try this from Consumer www.consumer.org.nz | dvm (6543) | ||
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