Boundary Fence again!

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2 years 8 months ago #555836 by LongRidge
Replied by LongRidge on topic Boundary Fence again!
Very well said. I'm glad that I don't have your experience, but I do have experience of drive-way users leaving gates open on properties that we have been leasing.
And yes, neighbours as a generalisation do not improve when you know them better and they know you better. "Familiarity breeds contempt".
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2 years 8 months ago #555837 by max2
Replied by max2 on topic Boundary Fence again!

Very well said. I'm glad that I don't have your experience, but I do have experience of drive-way users leaving gates open on properties that we have been leasing.
And yes, neighbours as a generalisation do not improve when you know them better and they know you better. "Familiarity breeds contempt".

Our place has quite a few adjoining neighbours, for the most part, everyone here has been fantastic!

Another neighbour who also couldn't afford his share of the 50% requirement at the time, acknowledged the fence needed to be replaced and was stuffed, so we started with the worst section and over 6 years, as both budgets allowed, replaced the lot.

Because the state of the fence was acknowledged, it was easy to work out something that suited both budgets/parties as far as the progress went, and also meant that both parties contributed to upkeep in the meanwhile and would chase each other stock out when they encroached.

Working together is always the better option and I wouldn't like anyone to think from reading my post that we would just go straight to the legal system without at least trying several times to work through an issue jointly. I just take issue with those who point blank won't ever entertain the idea they are responsible for 50% of the cost of a boundary fence.
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2 years 8 months ago #555839 by LongRidge
Replied by LongRidge on topic Boundary Fence again!
One point that either I am confused by, or everyone else is confused :-), is that the cost is shared 50% if the containment required for your stock is the same as the neighbour. The deer fence that I need will cost more than the sheep fence that he needs, so I have to pay more than 50% for the deer part of the fence. Similarly the fence to keep my pine trees from wandering will be different than the neighbour needs to stop his deer from getting into my pines. This is where it is important that the neighbour is given formal notice that if he changes stock type that require my fencing then he contribute more to the cost of the fence :-(. If I pay my "tree share" for the deer fence that he has put up, and then I suddenly decide to get a few deer to put beside his "deer share" of the fence, I should pay him a bit more .... if you see what I mean ...

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2 years 8 months ago #555840 by Jaybee
Replied by Jaybee on topic Boundary Fence again!
I've been in exactly the same position as you. My understanding of the law is that although keeping the boundary fence up to scratch is a shared responsibility, the only obligation your neighbour has is to come and collect his animals when he's notified that they've wandered. I believe you can sell them to defray costs, but there has to be notice given to him so he has time to collect them before that happens. Animal control most definitely are not interested in getting involved.

I have had a little bit of success training the neighbours by shutting the animals in a yard and phoning them to come and collect, because there's no easy return route and they have to send a truck - that worked for the one who kept putting his bull on the boundary and it would jump the fence into my place.

Whether you go the legal route depends on the personalities involved. We have a neighbour whose sheep kept coming through a falling down fence on a Maori block that he leases - he considered that not his problem and the owners weren't going to spend money on fencing. He's also quite a nasty and potentially violent man, so rather than have a feud we netted the fence ourselves.
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2 years 8 months ago - 2 years 8 months ago #555841 by max2
Replied by max2 on topic Boundary Fence again!

One point that either I am confused by, or everyone else is confused :-), is that the cost is shared 50% if the containment required for your stock is the same as the neighbour. The deer fence that I need will cost more than the sheep fence that he needs, so I have to pay more than 50% for the deer part of the fence. Similarly the fence to keep my pine trees from wandering will be different than the neighbour needs to stop his deer from getting into my pines. This is where it is important that the neighbour is given formal notice that if he changes stock type that require my fencing then he contribute more to the cost of the fence :-(. If I pay my "tree share" for the deer fence that he has put up, and then I suddenly decide to get a few deer to put beside his "deer share" of the fence, I should pay him a bit more .... if you see what I mean ...


From memory it is what is normal practice in the area, ie 8 wire batten fencing.

(deleted section by poster as unable to locate reference)

But yes where one neighbour wants to keep something contained outside of the ''norm'' say a giraffe for example, they are required to pay for suitable fencing to contain it, and if that were a (new) boundary fence, then the 50/50 cost to both landowners is normal practice fencing, with the giraffe owner paying the additional containment fencing cost.

But then that wouldn't happen on a boundary fence unless it was deer farming and then the deer owner pays the balance between normal practice and deer fencing cost after their 50% share of normal practice boundary fencing costs.

the other side is still liable for 50% of a normal practice boundary fence whether they have stock or not. As I said before, containment of animals comes under the keeping Animals Act (at least in our district council rules) and the fencing Act deals with boundary fencing. I don't recall any mention of animals in there whatsoever. :)

And of course this assumes the existing fence is past its used by date or is non existent with no covenants.
Last edit: 2 years 8 months ago by max2.
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2 years 8 months ago #555842 by max2
Replied by max2 on topic Boundary Fence again!
I have had a quick look for the case but unable to find it in the time available (so will delete my reference to it above). However, the following is from the fencing act:

www.legislation.govt.nz/act/public/1978/...latest/DLM21894.html

It should lead you to Schedule 2 - Specimen types of fence
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2 years 8 months ago #555847 by Stikkibeek
Replied by Stikkibeek on topic Boundary Fence again!
Pretty sure a standard farm boundary fence is 7 wires, post and batten, 5 battens to the span. can vary a bit in accordance with terrain. We redid our boundary fence at the beginning of 2020, but did put 8 wires on as we have goats.

Did you know, that what you thought I said, was not what I meant :S
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2 years 7 months ago #555890 by linrae
Replied by linrae on topic Boundary Fence again!
Whatever type of fence you put in ,make sure its on the boundary or inside your place (you pay all?) or if on neighbours he will thank you and say hes fenced do yours

J M THought

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2 years 7 months ago #556017 by P B
Replied by P B on topic Boundary Fence again!
Thanks Max2 I really appreciate the thought and time you put into this reply :) And also, Including your own personal experience and how it resolved. Thanks again :)

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2 years 7 months ago #556018 by P B
Replied by P B on topic Boundary Fence again!
Ok thank you Jaybee, I thought that animal control might be helpful (due to another poster suggesting that we get in touch with animal control when the sheep come back). We are in the Rodney district, just out from Auckland...

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2 years 7 months ago #556019 by P B
Replied by P B on topic Boundary Fence again!
Thanks linrae, I hadn't thought of this as a possibility. Good food for thought :)

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2 years 7 months ago #556033 by gazza123
Replied by gazza123 on topic Boundary Fence again!
Do something ,put up a new fence for peace of mind at your cost,no more neighbour problems

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2 years 7 months ago #556039 by max2
Replied by max2 on topic Boundary Fence again!
Follow the suggested letter and process in the fencing act. I will update on a situation down the track, but it works.

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2 years 7 months ago #556040 by gazza123
Replied by gazza123 on topic Boundary Fence again!
pretty sure the fencing act requires you to keep stock out of your property,ironically

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2 years 7 months ago #556041 by tonybaker
Replied by tonybaker on topic Boundary Fence again!
Yes, Under the Impounding Act 1955, to avoid damage, it is the responsibility of landowners to keep wandering animals out of their property by maintaining an adequate fence. .

5 acres, Ferguson 35X and implements, Hanmay pto shredder, BMW Z3, Countax ride on mower, chooks, Dorper and Wiltshire sheep. Bosky wood burning central heating stove and radiators. Retro caravan. Growing our own food and preserving it. Small vineyard, crap wine. :)

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