Do I have to fence my boundary?
You should seek legal advice with respect to this issue.
I am fencing my boundary do I have to get the pegs located by a surveyor?
It is prudent to have your boundaries pegged before fencing, it can save later disputes with your neighbours or future neighbours … remember the adage ‘measure twice and cut once’. Ensure your pegs are checked by a Licensed Cadastral Surveyor. It is very common for pegs to have been moved or incorrectly identified.
Our neighbour wants to build a fence / has built a fence and I don’t think it is in the right place? Can you help?
We can help by searching survey plans of your property and then visiting your property to locate your boundary positions or surveying the position of the fence to determine if it is in the correct location.
Our neighbour is building a house and I think the house has exceeded the height restriction or the new house is shading mine. Is that allowed?
The height of any building or structure is limited by the rules in the district plan and all new buildings are required to comply with those rules. These are commonly referred to as the height in relation to boundary rules. One exception is where the local authority has issued resource consent to exceed these limits in which case you should have been consulted and agreed to the additional height. District plan rules are usually written to control the effects of shading on adjoining properties; however these rules do not eliminate the effects of shading. As a surveyor we can investigate height in relation to boundary issues and provide a report of the results. We are commonly involved when new buildings are under construction to certify the completed building will comply with the height in relation to boundary.
What is an easement over my property?
An easement is an area of land within a property that has a right to one party and a restriction to another. For example you may have a drain through your property covered by an easement that your neighbour has a right to drain water through. You as the property owner must allow your neighbour to drain water through that drain and cannot block it off. Other common easements include right of way, right to convey water, electricity, telecommunications and computer media, gas, and sewage. Easements may also be in favour of an organisation such as the local council, power or telecommunications provider. Easements are registered on the property certificate of title and the easement document sets out the terms and conditions of the easement. We can provide a copy of your certificate of title along with any registered easement documents for a small cost.