Fence disputes: who pays, and how to make it move
The default rule is a half each — but only if you follow the notice procedure. Skip it and you're paying alone.
The default: equal shares for an adequate fence
Under the Fencing Act 1978, neighbours share equally the cost of an adequate boundary fence. 'Adequate' means fit for purpose — not luxury. If you want cedar where paling would do, the difference is yours. The Act applies unless a covenant or agreement says otherwise (some subdivisions exclude developer boundaries for a period — check your title).
The 21-day fencing notice is the whole game
To oblige your neighbour to contribute you must serve a fencing notice: describing the boundary, the proposed fence, materials, estimated cost and how it's to be shared. The neighbour has 21 days to object or counter-propose. No objection in 21 days = deemed agreement, and you can proceed and recover their share. Build first and ask later, and the Act gives you nothing.
When they object or ignore the work
Objections and cross-notices go to negotiation, then the Disputes Tribunal (up to $30,000, no lawyers) — cheap and designed for exactly this. Keep everything written; the Tribunal decides on adequacy and shares, not on who was more annoyed.
Repairs and damage
Urgent repairs after damage (storm, fallen tree) can be done immediately with half recoverable — and where one party caused the damage, that party pays in full. Document the state of the fence before touching it.
A property question of your own?
Boundaries, easements, cross-leases, sale and purchase conditions — ask in plain words, get an answer with the sections to prove it, plus draft letters and notices. First question free.
Ask NZ Property Law Answers →FAQ
Can my neighbour refuse to pay half?
They can object to the proposal — but if a fencing notice was properly served and they neither objected within 21 days nor engaged, their share is recoverable.
What if the existing fence is on the wrong line?
That's a boundary question before a fencing question — a surveyor's confirmation is cheap compared to building in the wrong place.
Can someone draft my fencing notice?
NZ Property Law Answers will explain your position with sections cited and draft a serveable fencing notice from your details. First question free.
General information, not legal advice for your specific situation.
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