When you buy a property in New Zealand, the fence line might seem straightforward — it's right there, marking where your land ends and your neighbour's begins. But what happens when that fence is in the wrong place? Or when there's no agreement about who actually owns or maintains it? Fencing and boundary issues are among the most common disputes between New Zealand property owners, and the answers often lie buried in your property title.
What Your Property Title Reveals About Fencing
Your Record of Title (formerly known as a Certificate of Title) is the official document that records all interests, rights, and restrictions affecting your land. When it comes to fencing, your title can reveal several critical details:
- Easements — Rights that allow someone else to use part of your land, which may affect where fences can be placed
- Covenants — Rules about what you can and cannot do on your property, sometimes including fencing restrictions
- Boundary notations — Notes about shared boundaries or disputed areas
- Right of way easements — Access rights that may run along fence lines
Ordering a Record of Title with Diagram ($42.90) gives you the clearest picture of your property boundaries, because it includes the official plan showing exactly where your title boundaries lie.
The Fencing Act 1978: Your Starting Point
New Zealand's Fencing Act 1978 sets out the rules for boundary fencing between neighbouring properties. Under this law, property owners generally share the cost of an adequate boundary fence equally. But there are important exceptions:
- If one owner wants a higher standard fence than what's "adequate," they pay the difference
- If a previous owner built the fence, the obligation transfers with the property
- If there's a specific fencing agreement recorded on the title, that agreement takes precedence
The Act also establishes a formal process: before building a boundary fence, you must serve a "fencing notice" on your neighbour specifying the work, materials, and cost. If they disagree, they can object and the dispute goes to the Disputes Tribunal or District Court.
Fencing Agreements Recorded on Your Title
Some fencing agreements are formally registered against property titles. These are binding on current and future owners. A fencing agreement on your title might specify:
- Who is responsible for building and maintaining the fence
- What type of fence must be maintained
- How costs are shared (not always 50/50)
- Who has the "right" side of the fence (the cosmetic side)
Before entering into any fencing dispute or arrangement, always check your title for existing agreements. A Guaranteed Search ($45.90) provides the most comprehensive view of all registered interests, including fencing covenants and agreements.
When the Fence Doesn't Match the Boundary
One of the most common problems in New Zealand is the "encroaching fence" — a fence that's been built on the wrong side of the legal boundary. This can happen for several reasons:
- The original owners agreed to place the fence somewhere convenient, not on the exact boundary
- The fence was built before modern surveying accuracy
- A previous owner deliberately moved the fence line
If a fence has been in the wrong place for 20 years or more, the neighbour may have a claim for adverse possession (squatter's rights) over the strip of land on their side of the fence. This is rare but legally possible. If you suspect your boundary fence is incorrect, a property boundary search combined with a survey plan is your first step.
Survey Plans: Your Boundary's Best Friend
A Survey Plan ($49.90) shows the exact legal boundaries of your property as determined by a registered surveyor. This is different from a fence line — fences are physical structures, but your legal boundary is defined by survey marks and coordinates.
When fencing disputes arise, a survey plan is often the decisive evidence. It shows:
- The precise location of your title boundary
- Boundary markers (pegs) that define legal corners
- Any easements or rights of way along the boundary
- The area of your land as officially recorded
Comparing your survey plan against the current fence position is the most reliable way to determine whether a fence encroachment exists.
Common Fencing Scenarios on NZ Titles
Shared Driveways and Right of Way
Many New Zealand properties have shared driveways or right of way easements. These often run along boundary lines, which means any fencing near the easement must not obstruct access. A right of way easement on your title means your neighbour has a legal right to pass through that area — and you can't block it with a fence.
Covenants That Restrict Fencing
Some subdivisions have covenants registered on the title that dictate fence types, heights, or colours. If you're in a new development, check your title for covenants before building or replacing a fence — breaching a covenant can be costly.
Cross-Lease Properties
Cross-lease properties have unique fencing considerations. Because the land is held in undivided shares, fencing decisions often require agreement from all leaseholders. The flats plan (which is part of the title documents) shows the allocated areas and any shared boundaries.
Steps to Resolve a Fencing Dispute
If you're in a fencing dispute with your neighbour, follow this process:
- Check your title — Get your current Record of Title and survey plan to confirm the legal boundary
- Look for existing agreements — Search for fencing covenants or agreements registered against either title
- Talk to your neighbour — Many disputes are resolved through direct conversation
- Serve a fencing notice — If talking doesn't work, follow the formal process under the Fencing Act
- Consider mediation — The Disputes Tribunal can help resolve fencing disagreements without the cost of full court proceedings
For comprehensive due diligence, the Pre-Purchase Package ($189.90) includes your Record of Title, survey plan, and other critical documents — everything you need to understand boundary and fencing obligations before buying.
Why Title Searches Are Essential Before Fencing Work
Before spending thousands on a new boundary fence, a title search can save you from expensive mistakes:
- Building on the wrong boundary — If you build on your neighbour's land, you may have to demolish and rebuild
- Blocking an easement — Fencing over a right of way creates legal liability
- Violating a covenant — The wrong type of fence could breach title covenants
- Missing a registered agreement — You might be paying for something your neighbour is legally responsible for
A simple title search costs from just $42.90 — a fraction of what a fencing dispute could cost.
Frequently Asked Questions
Can my neighbour build a fence without my consent in New Zealand?
Under the Fencing Act 1978, your neighbour must serve you a fencing notice before building a boundary fence. You have 21 days to object. If they build without following this process, you may not be required to contribute to the cost. However, if there's no objection and the fence is "adequate," both owners typically share the cost equally.
What if the fence has been in the wrong place for many years?
If a fence has encroached on your land for 20+ years, your neighbour may have a claim for adverse possession. This is uncommon but legally possible under New Zealand law. The best protection is to regularly check your boundaries and address any discrepancies early. A Record of Title with Diagram and survey plan can confirm whether the fence aligns with your legal boundary.
Does my property title show who owns the fence?
Your Record of Title may show fencing covenants or agreements that specify ownership and maintenance responsibilities. If there's no registered agreement, the Fencing Act 1978's default rules apply — generally, boundary fence costs are shared equally between neighbours. Always check your title for any registered fencing arrangements before assuming default rules apply.
