Fencing Agreement NZ: What You Need to Know
New Zealand’s Fencing Act 1978 requires that adjoining landowners share the cost of constructing and maintaining a dividing fence between their properties. In practice, however, determining the line between two properties can be challenging and may lead to disputes between neighbors.
This is where a fencing agreement comes in. In this article, we’ll discuss what a fencing agreement is, why it’s important, and what you need to know as a landowner in New Zealand.
What is a Fencing Agreement?
A fencing agreement is a legal document that is signed by adjoining property owners to define the terms of constructing and maintaining a fence between their properties. It is a legally binding contract that outlines the rights and obligations of each party in relation to the fence, including the cost of construction, the type of fence, and the timing of construction.
A fencing agreement can be used to resolve disputes between neighbors and provide clarity on the division of property lines. It can also be used to ensure that each party is responsible for maintaining their side of the fence and to clarify any issues that may arise with fence repairs or replacements.
Why is a Fencing Agreement Important?
A fencing agreement is an important document for several reasons. Firstly, it ensures that both parties are aware of their responsibilities in relation to the fence, which reduces the risk of disputes and litigation.
Secondly, a fencing agreement can provide clarity on the division of property lines, which can be particularly useful in cases where there is uncertainty about where the boundary lies.
Finally, a fencing agreement can help ensure that the fence is constructed to a high standard, and that both parties are happy with the type of fence that is being built.
What You Need to Know About Fencing Agreements in New Zealand
If you’re a landowner in New Zealand, there are a few things you need to know about fencing agreements. Firstly, a fencing agreement must be in writing and signed by both parties to be legally binding. Verbal agreements are not enough.
Secondly, a fencing agreement should be based on the Fencing Act 1978, which sets out the legal requirements for constructing and maintaining a fence between neighboring properties.
Finally, it’s important to note that if a fence has already been built, it’s still possible to enter into a fencing agreement. However, it’s important to ensure that both parties are happy with the type of fence that has already been built and that any repairs or maintenance are carried out in accordance with the agreement.
In conclusion, a fencing agreement is a useful tool for resolving disputes between neighbors and providing clarity on the division of property lines. If you’re a landowner in New Zealand, it’s important to understand your legal responsibilities in relation to fencing, and to consider entering into a fencing agreement if necessary.