Plain language law

New Zealand law explained for everyone

Fencing Act 1978

Liability for work on a fence

20: Crown tenant's option

You could also call this:

“Crown tenants can pay interest instead of full cost for certain fences”

If you hold land as a Crown tenant and there’s a fence that was put up under the Fencing Act 1908 between your land and someone else’s land, you have a special option. Before this current law started, you could choose to pay interest on your share of the fence cost instead of paying the full share upfront. If you chose this option, you must keep paying that interest to the person who built the fence (or whoever owns their land now) for as long as you occupy the Crown land. The interest rate stays the same as what you agreed to originally.

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 It might be out of date or be missing some parts.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=DLM21870.

Topics:
Housing and property > Renting
Housing and property > Land use
Previous

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

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

Next

21: Give and take fence, or

“When a fence can't go on the exact property line, a court can decide where to put it”

Part 3 Liability for work on a fence

20Crown tenant's option

  1. Where a fence was erected under the provisions of the Fencing Act 1908 dividing any land held by any person as Crown tenant from any adjoining land, and, before the commencement of this Act, the tenant exercised the option conferred on him by section 20 of the Fencing Act 1908 to pay to the person who erected the fence, or to his successor in title, interest on the proportionate share of the cost of erecting the fence for which he may have been liable as an occupier instead of paying that proportionate share, that Crown tenant shall continue to be liable to pay to that other person (or his successor in title) interest on that share at that rate during his term of occupation of the Crown land.

Compare
  • 1908 No 61 s 20