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18: Person taking advantage of fence
or “When you use someone else's fence, you might have to pay for it”
You could also call this:

“Rules for sharing fence costs when your neighbour wasn't originally responsible”

If you have a fence on your property, and the person living next door didn’t have to help pay for it when it was first put up, things might change later. This can happen if the law changes or if a new person moves in next door.

If the person next door now has to help pay for fence work, you (or the person who owns your property now) can ask them to pay for part of the fence. You need to write them a letter asking for this money. The amount they should pay is based on how much the fence is worth now, not when it was first built. You should also think about any money they might have already paid to help look after the fence.

After getting your letter, your neighbour has one month to pay their share. As long as they keep living there, they will need to pay for half of any work done on the fence in the future.

However, this rule doesn’t apply if there was a special agreement about the fence when it was first built. If someone promised not to make the neighbour pay for the fence, then you can’t use this rule to make them pay later.

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Next up: 20: Crown tenant's option

or “Crown tenants can pay interest instead of full cost for certain fences”
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Part 3 Liability for work on a fence

19Fence erected when occupier of adjoining land exempt from liability therefor

  1. Where at the time when any fence was erected the occupier of the land on one side thereof had, by reason of section 3 or of the Fencing Act 1908 or any corresponding former Act, no liability to contribute to the cost of the erection, if the occupier for the time being of that land has thereafter become liable to contribute to the cost of work on that fence—

  2. the person who erected the fence, or his successor in title, may serve upon the occupier of that land a notice in writing requiring him to pay an appropriate share of the value of the fence at the time when the notice is served taking into account any contributions made towards the cost of the erection and maintenance of that fence by any occupier of that land; and
    1. that occupier shall, within 1 month after receiving the notice, pay that share to the person who erected the fence, or to his successor in title, and so long thereafter as he continues to be the occupier shall be liable to bear half the cost of work on the fence.

      1. This section shall not apply in any case where the exemption from liability to contribute to the cost of the erection of a fence arose by reason of a fencing covenant or any other covenant, agreement, or proviso relating to fencing.

      Compare
      • 1908 No 61 s 19