Neighbour removing survey peg on our property
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| 1 | We have been in dispute with a neighbour about building a new fence. We were prepared to do this and pay half as long as the whole fence was replaced. We also wanted the correct boundary used as they had a small amount of our land at the back. The fence in place was bending at the back as the previous owner had planted trees too close (after we did the survey quite a few years back). . This newer owner only wanted to remove our low brick wall at the front which is tidy and sound. He didnt want to do too much but wanted more height we think because he has a dog. We didnt initiate fence changing. Do we have any legal reddress? Obviously we didnt see him do this and his wife says she has not been involved in anything like that. I think I believe her as she is a Catholic vice principal and presumably wouldnt lie. I am less trustful of her husband . The front peg of that line is metal and concrete embedded. Suggestions? (I know community is closing soon but maybe there is time for some advice). hesian - 2021-11-13 00:07:00 |
| 2 | https://www.surveyspatialnz.org/Category?Action=View&Cat reads: "What can I do if I think my boundary survey marks have been moved or interfered with? Section 55 of the Cadastral Survey Act 2002 deals with the interference of survey marks (see below). This section states that if the survey mark was for the purposes of a cadastral survey, then it is an offence to knowingly or recklessly alter its position. In addition, it is an offence if the person responsible for altering the position of the survey mark has failed to notify the alteration to the Surveyor-General at Land Information New Zealand (LINZ). " and continues: "This may be done with or without legal representation. However, it should be noted that this can be an expensive process and the ‘burden of proof’ is very high that a mark was in place and then removed “knowingly or recklessly” by a particular person. It is because of this high burden of proof that LINZ does not actively pursue prosecutions on behalf of a member of the public." So in my view, ignorance would be a defense to such a charge. gyrogearloose - 2021-11-13 00:17:00 |
| 3 | It's my understanding that it's illegal to remove survey pegs. Only registered surveyors can. Others hopefully will come with very precise details on fencing rules. The wife has only said she had nothing to do with it....did she claim the husband didn't either? If they claim neither of them removed the peg then surely they'd be angry (thinking) you removed the peg! As they're not, it speaks volumes to their guilt. Edited by oakcottage at 12:20 am, Sat 13 Nov oakcottage - 2021-11-13 00:20:00 |
| 4 | Suggest follow the Fencing Act process. The formal fencing notice can include the cost of survey to determine the correct boundary. Each neighbour would then pay half the cost of the survey (if no proof that one moved a peg) unless a formal objection is lodged. Leave off removal of the existing wall, or say it stays, and then up to neighbour to object. If concerned about actions like removing a peg or an existing wall, then best option is to keep it formal. Consumer has good info on the process; the Fencing Act has all the info though. artemis - 2021-11-13 07:23:00 |
| 5 | ???? I wouldn’t trust someone because of their catholic religious beliefs. lovelurking - 2021-11-13 07:31:00 |
| 6 | hesian wrote: , sparkychap - 2021-11-13 07:36:00 |
| 7 | OP has the neighbour initiated this process using a formal fencing notice? sparkychap - 2021-11-13 07:39:00 |
| 8 | hesian wrote: lythande1 - 2021-11-13 08:14:00 |
| 9 | lythande1 wrote:
There is only one property boundary. You’re saying the fence was put onto the boundary? pico42 - 2021-11-13 08:54:00 |
| 10 | lythande1 wrote:
It may be easier today but in the future it will be the stupidest and most costly option. johnston - 2021-11-13 09:27:00 |
| 11 | johnston wrote:
Agree. Trying to sell it with disputed boundaries will make only lawyers rich(er). amasser - 2021-11-13 10:06:00 |
| 12 | johnston wrote: this gabbysnana - 2021-11-13 10:58:00 |
| 13 | amasser wrote: will be a time delay, once you send the letter off $150 , thats it. gabbysnana - 2021-11-13 10:59:00 |
| 14 | hesian wrote: hound31 - 2021-11-13 11:18:00 |
| 15 | lythande1 wrote:
Your son is dumb. Edited by desi1969 at 11:40 am, Sat 13 Nov desi1969 - 2021-11-13 11:40:00 |
| 16 | Yes use the fencing act, as for the peg, well if you know where it is or was then no problems building the fence, in the city most old pegs are gone, but normally the old fence is just replaced in the same place, some people just get so stupid about this stuff, what are you gunna do with 50mm more or less land. As for the 4 meter we that should be put right if there is a dispute .All comes out in the wash. Relax. msigg - 2021-11-13 12:18:00 |
| 17 | I seem to have a curse over boundaries in this house as the neighbour the other side removed that fence a few years back without our permission while we away! I dislike him so much I paid to have the land boundaries surveyed and the vandalised front fence was never replaced though technically he was liable to do so as he did it without our permission!! We later renewed the back section of the fence which was falling down putting it on the correct boundary.. He got about half to one metre back and has the same amount unfenced at the front. Needless to say he refused to pay his share of the back. I am sure he would be happy to know that money would have been given to the friend who built it for us but the friend wouldnt accept our money except for materials.He has a very colourful vocabulary relating to that neighbour. How to hack people off in one swipe!! The people on the other side have about a third of a metre belonging to us at the back and the front is about right. People werent so particular about boundaries in the sixties. It matters more now because of value of land and this is within the expanded building permission of Tauranga central .It is very well located,quiet, upmarket and has many options for getting in and out. It can be quite difficult in Tauranga to get out of side roads but this has three possibilities close by. Could it be "something" is nudging us to sell and go and be bush hermits!!! Thanks everyone. Really going to miss this community but have joined the NZ issues one and will ease into that gradually. It's the straight forward practical from the heart advice that I love (yes i know sometimes off but really most people are so good). hesian - 2021-11-13 13:33:00 |
| 18 | lovelurking wrote:
I truly hadn’t read this article before my post... lovelurking - 2021-11-13 13:45:00 |
| 19 | hesian the boundary only matters to you if you want it to, if you were to sell then the boundary will be the correct one which could be pointed out at the time, if you know what I mean. So if your upsetting all the nieghbours because of this then I think you should sell because you will have no peace. life is too short for that. Good luck. msigg - 2021-11-13 13:48:00 |
| 20 | msigg wrote: want to try that again. gabbysnana - 2021-11-13 14:55:00 |
| 21 | Thanks msigg. I do fee persecuted! (just because etc...) We have decided to sell and so have the neighbours. Two 800 plus sites available adjacent in upmarket road!! hesian - 2021-11-14 13:34:00 |
| 22 | I measured all my boundary pegs very carefully with a laser. trade4us2 - 2021-11-14 13:49:00 |
| 23 | A neighbor had the boundary surveyed when the property was sold.There is a pin in the footpath now ,As it showed that the neighbours parking area wall is on our side by a least a metre of they have been very quiet about it androth2 - 2021-11-14 14:56:00 |
| 24 | hesian wrote:
A developers dream! Now if your neighbour is lucky he'll have as many 3 story townhouses as can fit on the sections for neighbours. And you can bet the developer will want the boundary correct as each lost square meter = $$$$ Edited by hers.nz at 4:39 pm, Sun 14 Nov hers.nz - 2021-11-14 16:37:00 |
| 25 | Yes above, if building/developing you do have to get a surveyor in to set your building to height boundary and building footprint. msigg - 2021-11-14 20:56:00 |
