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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”

You could also call this:

“Where to put a fence between two properties”

When you build a fence between two properties, you should put it right on the boundary line. This means the middle of the fence should be exactly where one property ends and the other begins. If your fence has posts, you should try to put these posts exactly on the boundary line too. If that’s not possible, put them as close to the boundary as you can. Remember, you and your neighbour can agree to put the fence somewhere else if you both want to. Also, if there’s a disagreement, a court can decide where the fence should go.

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Next up: 23: Proceedings to be in accordance with District Court Act 2016

or “Rules for dealing with fence disputes in court”

Part 3 Liability for work on a fence

22Where fence to be built

  1. Save as otherwise agreed or ordered by the court, the middle of a fence shall be upon the boundary line: provided that, where a fence is supported by or formed about posts, the posts shall be placed on the boundary line or as near thereto as practicable.

Compare
  • 1908 No 61 s 24