Fencing Act 1978

Liability for work on a fence

15: Effect of change of occupier

You could also call this:

“When someone moves house, the fence agreement with their neighbour becomes invalid”

If you’re living on a piece of land and you give a notice or cross-notice to someone living on another piece of land nearby about fencing, something important can happen. This notice is about fencing work. If you or the other person moves away from your land before you both agree on what to do, or before a court decides what should happen, the notice you gave stops working. It doesn’t matter anymore. This rule helps make sure that the people talking about the fence are the ones who actually live there now.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM21865.

Topics:
Housing and property > Home safety and repairs
Housing and property > Land use

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14: Provision for doing work, or

“Rules for doing work on a fence with your neighbour”


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16: Contribution where immediate work required, or

“When a fence needs urgent fixing, you can do it and ask your neighbour to pay half”

Part 3 Liability for work on a fence

15Effect of change of occupier

  1. Where a notice or cross-notice is duly given by the occupier of any land to the occupier of any other land in accordance with this Act, but, before the matter is settled (whether by agreement or order of the court), one of the parties disposes of his interest in either of the parcels of land concerned, the notice or cross-notice shall cease to have effect.