Plain language law

New Zealand law explained for everyone

Fencing Act 1978

Liability for work on a fence

21: Give and take fence

You could also call this:

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

If it’s not possible or desirable to build a fence right on the boundary between two properties, and you and your neighbour can’t agree on where to put it, the court can decide for you.

The court might visit the site or send someone to check it out. They’ll decide if a fence is needed, and if so, where it should go. They’ll also decide if one of you should pay the other for any land lost because of where the fence is placed.

You or your neighbour might have to pay for the cost of the inspection. The court will decide who pays.

Even if the fence isn’t on the exact boundary, this doesn’t change who owns what land. It doesn’t mean anyone is renting land from the other person or taking over their property. The fence’s location only matters for the purposes of this law.

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 It might be out of date or be missing some parts.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=DLM21871.

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

20: Crown tenant's option, or

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

Next

22: Where fence to be built, or

“Where to put a fence between two properties”

Part 3 Liability for work on a fence

21Give and take fence

  1. Where it is impracticable or undesirable to erect a fence on the boundary of adjoining lands, and the occupiers cannot agree upon a line of fence on either side of that boundary, the line of the fence shall be determined by the court in manner hereafter provided in this section.

  2. The court may inspect, or may appoint 1 or more persons to inspect, the proposed line of fence, and shall determine whether a fence is necessary, and (if so) what line is to be adopted; and whether any, and (if so) what compensation (whether an annual payment or otherwise) is to be made to either of the occupiers in consideration of loss of occupation of land.

  3. The reasonable costs of inspection shall be borne as the court in its discretion shall direct.

  4. The occupation of lands on either side of the line of fence shall not constitute a tenancy or be deemed adverse possession, and shall not affect the title to or possession of any lands, save for the purposes of this Act.