Plain language law

New Zealand law explained for everyone

Fencing Act 1978

Agreements

5: Fencing covenants and agreements registrable

You could also call this:

“How to make sure fencing agreements stay with the land when it's sold”

You can register fencing covenants and agreements for land under the Land Transfer Act 2017. You do this by registering them against the title of the land.

When you register a fencing covenant or agreement against the land title, it stays with the land. This means that even if the land changes owners, the covenant or agreement still applies. This happens whether or not the agreement names new owners. However, there are some exceptions to this rule, which you can find in section 6 of this Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM21851.

Topics:

Housing and property > Buying and selling homes

Housing and property > Home safety and repairs

4: Act not to interfere with agreements, or

“This law allows people to make their own fence agreements”

6: Registration of fencing covenants to expire after 12 years, or

“Fencing agreements registered with the government end after 12 years”

Part 2 Agreements

5Fencing covenants and agreements registrable

Fencing covenants and fencing agreements relating to land subject to the Land Transfer Act 2017 may be registered under that Act against the title to that land.
Subject to section 6, the burden of any fencing covenant or fencing agreement that is registered against the title to the land to which it relates shall run with the land, whether or not assigns are named in the covenant or agreement.

Notes

Section 5(1): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).