Help the community and expand your practice! Find out how.
Already registered? Login here.
Question Details: My neighbours believe the border between our property is in a certain place, but I know that it is not. My neighbour has come onto my property to 'do work to it' - thinking it is his, but in reality it is mine. Can charges be laid? Does it matter what he thinks?
Filed under Property Law | 1585 View(s)
Community Law Wellington & Hutt Valley
If you can, you should talk to your neighbour to explain why the location of the boundary is where you think it is. You may have a copy of the title for the property or find survey pegs which show the boundaries. Your neighbour may stop doing the work if he is shown that it is your property.
Trespass occurs when someone comes onto your property after you warn them to get off and stay off. The property has to be yours and it is not trespass if you have not warned them. You can warn someone to keep off your property orally or in writing. It is easier to prove if it is in writing. A template for a trespass notice can be found here on the Police website: www.police.govt.nz. The website also includes information about how to ensure that the notice gets to the person you want to keep off your land.
Vandalism is generally defined as causing damage to property for no other reason than to cause damage. Your neighbour may not be vandalising the property if he is doing work that he thinks is improving the property. So, it does matter what he thinks he is doing the work for.
Note that if you seek to involve the Police, they may be reluctant to intervene if they consider the issue between you and your neighbour to be a private ("civil") law matter, not a criminal/Police matter.
Answered 11 Apr 2013. The IMPORTANT NOTICE below is part of this answer.
IMPORTANT NOTICE:
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.
For more information about this website, please review our
Terms of Use.