Could someone please advise as to what constitutes an adequate boundary fence. The fence we have at the moment is about a metre high in reasonable condition. Could probably do with a coat of stain. The new neighbour says it's not an adequate fence and wants to replace it. As we are pensioners this would be a big expense for us which we can ill afford. Neighbours both work. no children. We have a well established garden and I am also concerned what damaged may be caused. Any advice would be greatly appreciated. Many thanks.
annies3,
Oct 15, 6:27am
You need to check with your local council, just give them a call and ask, the rules vary between councils and zones, like rural which needs to be an eight wire fence, residential often don't have boundary fences at all, but if you or your neighbours have animals, or children, living or visiting then the fence may need to higher or stronger, maybe you could talk to your neighbour and ask why they need a new fence.
cagivachick1,
Oct 15, 6:34am
if the existing fence is adequate but doesnt suit the new people let them replace it at their cost, as far as damage to your garden they can do it all from their side
propagator,
Oct 15, 6:59am
Thanks for your replies. The neighbour is not very approachable. It's only a few months ago that he wanted to replace the driveway fence. A driveway that they don't even have access too! Their property is the middle of three. The neighbour in front of them replaced their fence a few months ago and she said 'we were bullied into it'. We are too old to be having disputes with neighbours. We have lived here for 40 plus years and never before have we had any problems. Will check with the council and take some photos in. Thanks again.
That's very interesting. Thank you. So, if he wants to push the issue, anything over and above this, would be at his expense?
buddytom,
Oct 15, 7:48am
Yes we had the same issue with next door, they put up a completely new fence on their property at their expense. Original fence is still there
tintop,
Oct 15, 7:54am
Note that the fence types described in the Schedule are examples only of what constitutes a 'sufficient fence'.
If the existing fence between your neighbour and yourself is in good repair and functions in a way that matches one of the examples - then it is a 'sufficient fence'.
If the neighbour does not like it - they are free to do as they wish without seeking anything from you except request reasonable access and agreement to tidy up on completion.
gabbysnana,
Oct 15, 7:55am
they have to serve you with a fencing notice to which you issue a cross notice that the fence is adequate and you wont be contributing to a new fence. I know of a recent issue with a nice pittisporum hedge, 2 metres tall , that one neighbour wanted to rip out and replace with an expensive type wooden paling fence. The existing hedge was determined as adequate, as such the full cost was on the wooden fence proposer.
texastwo,
Oct 15, 10:23pm
Sound advice in #3 and #9 Keep the lines of communication open but be firm about your lack of interest in replacing the fence
andrewcg53,
Oct 16, 7:51am
Yes also you need to be informed in writing
mtbotrev,
Oct 16, 7:59am
Disputes Tribunal is there as first judicial call to consider/resolve matters if they serve you and you serve cross notice. Fencing Act is relatively simple to read. then the funn begins!
pico42,
Aug 30, 4:11pm
That is a misleading link, it is a list of specimen fences only. The act defines an adequate fence as: "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".
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