Question Details: I don't want to wait until it completely falls apart but my neighbour's not doing anything about it.
Filed under Neighbours | 2406 View(s)
As a general principle, the occupiers of adjoining properties, in this case you and your neighbour, are responsible for equal shares of the cost of work on boundary fences (unless you agree otherwise, or unless one party has damaged the fence).
If a fence is damaged or destroyed in an accident or some other sudden event, and it needs immediate work, then either you or your neighbour can do the necessary work without any notice and then recover half the cost of the work from the other neighbour (unless one of you is reponsible for the damage).
However, if your fence has just gradually deteriorated over time, as it seems yours has, you should first talk to your neighbour and see if you can agree to share the costs. If you cannot agree, you can start a formal process to require your neighbour to contribute by serving your neighbour with a "Fencing Notice".
Read about Fencing Notices (and see a sample notice) here: www.communitylaw.org.nz
Answered 12 Jul 2012. The IMPORTANT NOTICE below is part of this answer.
The answer provided above is intended for general informational purposes only and cannot be
considered a substitute for face-to-face legal advice. It should not be relied upon as the sole
basis for taking action in relation to a legal issue. Laws change frequently, and small
variations in the facts, or a fact not provided in the question, can often change a legal
outcome or a lawyer’s conclusion. No liability whatsoever is accepted by the authors or
publishers of the answer, for loss, damage or inconvenience arising in any way from the use of
this site. While each answer has been published by a lawyer with a practising certificate, that
person may not necessarily have experience in the particular area of law involved.