Legal Code Settles Boundary Quarrels

Bay of Plenty Beacon, Volume 13, Issue 14, 1 November 1948, Page 3

Legal Code Settles Boundary Quarrels

Because it is not seemly for neighbours to be engaged in fisticuffs, the law, early in this country, brought into effect a code to regulate boundary arguments. In a minor fashion, certain citizens have ever since kept alive as a sort of quiet national pastime the sport of going to the court with some application under the Fencing Act. If you do not like your neighbour, words spoken in terms of the Act will make more impression on him than mere adr jectives. Anybody can still agree with his neighbour to have any sort of fence on any particular boundary line, and at the expense of any agreed person, but when no agreement can be reached the Act becomes of vital importance. A neighbour can compel you to contribute towards the cost of the fence between your properties, and can go to court for assistance if necessary. The machinery is all there for settling the type of fence, where it shall be, who shall do the work, the removal of any fence not erected on the proper boundary, and so on. In effect, the magistrate is appointed the referee to see that the fight goes according to the rules. The basic principle is that occupiers of adjoining lands are made liable to contribute in equal shares to the cost of the. erection of a sufficient dividing fence, if one party so requires, and this is so even though the. fence might not extend along the whole boundary line, though it should, as far as practicable, be continuous throughout its length. An occupier begins the contest with the service of a notice on his neighbour specifying, in a form set out in the Act, the boundary to be fenced and the kind of fence proposed to be erected. If he builds the fence first without giving notice, the builder will not be able to recover any part of the cost later.

If the receiver of the notice objects to any of the proposals, he must, within 21 days, serve a crossnotice stating his objection, and making counter proposals. If, after a further 21 days, the parties have been unable to agree, then the dis-

pute can be referred by, either party to a magistrate, who is empowered to hear and determine all questions in dispute. In the "same way as adjoining owners are each liable for half the first cost of erecting a fence, so they are jointly liable for the cost of necessary repairs. But in this case the time is shorter. An occupier desiring to repair any fence may serve notice on his neighbour and if' within seven days the neighbour refuses or neglects to assist in the repair work the occupier may himself do the necessary repairs and collect half the cost.