Legal Advice – Avoiding garden battlefields

As we head outdoors to spruce up our properties after winter, it’s timely to consider some common issues that can spark neighbourhood disputes. From shared fences and landscaping projects to nuisances like noise or smoke, the legal side of property can be tricky. Knowing the basics can help ensure smoother outdoor projects and preserve relationships.

Fixing a broken fence

The Fencing Act 1978 is the main law for fences. In general, the cost of building or repairing a boundary fence is shared by the owners on either side of it, provided the right process is followed.

This sounds simple enough, but the Fencing Act requires you to give formal notice to your neighbour if you plan to build a fence, or have a fence repaired. Skip this process and you might end up paying the full cost yourself. The fencing notice must include particular information, including a description of the fence, its location, an estimate of the cost and a breakdown of how the costs will be shared. 

If you receive a fencing notice and you think the work is excessive, unnecessary or the fence is in the wrong place, you can object to it, but you must follow the correct process within 21 days, or risk footing the bill for a fence you may not want or need.

Landscaping

The law says that you owe your neighbour’s natural land a “right of support.” This means you can’t dig away your land and cause their land to collapse – you must make sure their property is not affected, which could include building a retaining wall. This duty only applies to the natural land – if your neighbour builds something heavy or piles dirt up to level off their property, the situation may differ.

Sometimes a retaining wall is combined with a fence, raising the question of which part is retaining wall, which part is fencing, and who pays. It’s best to have an upfront conversation and agree the work and the costs, but if a dispute arises, seek advice early.

Nuisance neighbours

Legally, “nuisance” covers more than minor annoyances. It’s a legal concept that captures interference with your property without physical entry onto your land, such as excessive noise from late-night parties, smoke from bonfires, unpleasant smells, vibrations from machinery or water runoff. Whether something qualifies as “nuisance” depends on factors like how severe, frequent and disruptive it is, and whether you’ve asked your neighbour to stop. Depending on the issue, the Resource Management Act 1991 or the Health Act 1956 may also apply.