Plain language law

New Zealand law explained for everyone

Fencing Act 1978

Agreements

7: Creation of fencing covenants

You could also call this:

“How to make a promise about fences when buying land”

You can create a fencing covenant when you’re buying land. A fencing covenant is a promise about fences that you make to the person selling you the land. There are two ways to do this:

  1. The transfer document for the land can include words like “The person buying the land agrees to a fencing covenant as defined in section 2 of the Fencing Act 1978”. You don’t even need to sign this part for it to be valid.

  2. You can sign an agreement or covenant in the transfer document that matches the definition of a fencing covenant in section 2. The transfer document can also include a condition (called a proviso) that creates a fencing covenant, and you don’t need to sign this condition.

These aren’t the only ways to create a fencing covenant, but they are two common methods when you’re buying land.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM21853.

Topics:
Housing and property > Buying and selling homes
Housing and property > Home safety and repairs
Previous

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

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

Next

8: Fence not to encroach without consent or court order, or

“You need permission or a court order to build a fence on someone else's land”

Part 2 Agreements

7Creation of fencing covenants

  1. Without affecting any other manner in which a fencing covenant may be created, a fencing covenant by the transferee of any land may be created by—

  2. the inclusion in the memorandum of transfer of the land to him (whether or not he signs the transfer) of the words The transferee shall be bound by a fencing covenant as defined in section 2 of the Fencing Act 1978 in favour of the transferor or words to that effect; or
    1. the inclusion in the memorandum of transfer of the land to him of a covenant or agreement signed by him, or a proviso (whether or not signed by him) that constitutes a fencing covenant as defined in section 2.