If you want to build a fence on the boundary line between properties, the first step is to simply talk to your neighbour and agree on what type of fence is to be built, where it is to be built and how the costs are to be shared.

If you reach an agreement put it in writing and both of the parties should date and sign it.

What if an agreement cannot be reached ?

You should give your neighbour a Notice to Fence by either registered mail or personal delivery.  The Notice should state;

• the type of fence to be built,
• the boundary line on which it is to be built,
• how the costs are to be divided, and
• should also include two quotes.

If after 28 days, you have not received a response to your Notice to Fence, or you receive a response objecting to the Notice to Fence, the matter may need to be decided by the Small Claims Tribunal before you can proceed with the fencing.

If you go ahead and build the fence without the consent of your neighbour or the Small Claims Tribunal, you will be required to pay the entire cost of the fence and/or remove the fence.
 
The Tribunal Referee can decide all issues relating to the fence.

If you are putting in a swimming pool and have to change the fence between you and your neighbour in order to meet safety standards, then, as the pool owner, you will be required to pay all the costs involved.

Repair of an existing fence

If a fence is damaged, the person who caused the damage is responsible for its repair.

When an existing fence needs repair, you should discuss with your neighbour the type of repairs required and the cost of the repairs. Try to reach an agreement.

If you are unable to agree, you should deliver to your neighbour a Notice to Repair.

If the neighbour fails to comply within 28 days, the person serving the notice may go ahead and repair the fence and then claim half the cost of the repair. The Small Claims Tribunal can make decisions about how the fence came to need repair and the sharing of the costs.

Trees

Where your neighbours’ trees create a nuisance on your property:

• The overhanging branches of a tree may be trimmed back to the boundary line, and
• the branches returned to the tree owner.
• Any fruit removed from the tree must also be returned as they belong to the neighbour.
• You must be careful not to trespass on your neighbour’s property when returning the branches or fruit.

If your tree falls and strikes somebody, either on the highway or on neighbouring property, you may be liable for negligence.