Love thy neighbour: property disputes and how to tackle them

In an ideal world, neighbours live side by side in perfect harmony, sharing a mutual respect for boundaries, both physical and personal. However, the reality is often far from this ideal. Property disputes between neighbours are common, ranging from minor inconveniences to full-blown legal battles.

These disputes can disrupt not only your peace of mind but also the value of your property and your relationship with the community. If you're facing a property dispute, it’s essential to understand the nature of these conflicts and how to resolve them effectively. In New Zealand, the law provides various avenues for resolving these issues, but navigating the legalities can be complex. That’s where Weston Ward and Lascelles come in—providing quality property law advice to guide you through to a solution.

Common property disputes in New Zealand

Property disputes between neighbours arise from a variety of situations, each requiring a different solution. It’s important to understand the nature and history of your issue to identify the best way to approach it; court and civil litigation is very rarely the first course of action.

Boundary disputes

Boundary disputes are perhaps the most common and unpleasant type of neighbour conflict. These disputes arise when the physical boundaries between properties are unclear or contested. There is a common myth that neighbours must pay 50% of the costs of a new boundary fence or share the costs of repairs to an existing boundary fence which often fuels misunderstandings.

It’s advisable to seek legal advice early before the dispute escalates out of control, as these cases often do. Weston Ward and Lascelles’ property lawyers will help you understand the property titles, plans, legal boundaries and any other legal entity that impacts your property. It is very easy to get into a dispute with your neighbour if you (or they) don’t fully understand the legal position and have follow the incorrect procedures. Once the boundaries are confirmed, your property lawyer can give you tailored legal advice on how best to proceed. 



Noise complaints

Noise is another frequent source of contention between neighbours. From loud music, barking dogs, or anti-social construction noise, excessive noise invariably leads to significant friction. The term “excessive noise” is any noise that is under human control and unreasonably interferes with the peace, comfort, and convenience of any other person. The Resource Management Act (RMA) requires that noise on any property doesn't exceed reasonable levels. Christchurch City Council manages noise complaints, and if a noise control officer finds the noise excessive, they can issue a 72-hour directive to reduce it. If ignored, they can seize or disable the noise-making equipment.

It's worth noting that if your noisy neighbours are tenants, the landlord should be your first port of call, as tenancy agreements should have a clause that refers to behaviour and not disturbing the peace of others. People are more open to modifying their behaviour when their tenancy is at risk.

Encroachments

When you buy a property, it's common to assume that the fence marks the boundary and that the garage is entirely within your property lines. However, this isn't always the case.

Encroachments occur when one property owner builds something, such as a fence, shed, or driveway, that crosses the boundary into the neighbouring property. They often go unnoticed until specific events, like a land subdivision, a building project requiring consent, or house sale bring them to light. The current property owner is legally responsible for any encroachment, regardless of who originally built the structure or fence.

• Access disputes: shared driveways or pathways, especially when one neighbour restricts access or damages a shared path.
• Nuisance claims: overhanging trees to water runoff that damages a neighbour’s property.
• Land use conflicts: objections to home based businesses, rental properties, or structures that block views or sunlight.

While you may be able to negotiate with your neighbour to buy or sell the land the structure is on, a subdivision consent would be required to adjust the boundary. If talks don’t go to plan, an application can be made to the Court under the Property Law Act 2007 for an equitable remedy. The Court can:

• Grant an easement over the affected land.
• Grant the owner of the land the right of possession of the structure.
• Order the structure to be removed.
• Order reasonable compensation to be paid to the owner of the land.
• Order the land be assigned to the owner of the structure.



The role of WWL Christchurch property lawyers in property disputes

Navigating a property dispute can be stressful, particularly if you’re not familiar with the legal processes involved. At Weston Ward and Lascelles, we understand the emotional and financial strain these disputes cause. That’s why we’re committed to providing comprehensive legal services tailored to your unique circumstances.

1. Expertise in property law: as leading property and conveyancing lawyers in Christchurch our team has extensive experience in New Zealand property law and working with the various councils of Canterbury. With a wealth of local knowledge including zoning and regulations we cut to the chase, not only saving you time and money but delivering the best possible legal outcome too.
2. Personalised approach: every property dispute is unique, so we ensure we understand the details of your specific situation, including the history of the dispute and your goals for resolution before we develop a strategy for a solution.
3. Cost-effective solutions: legal disputes can be expensive, but we identify and deliver cost-effective solutions that align with your budget. We’re always transparent about costs and work with clients to find the most efficient way to resolve your dispute. We will never pursue litigation if it is not in your best interest.
4. Strong advocacy: whether through mediation, tribunals, or court proceedings, our Christchurch property lawyers are committed to advocating for your rights. We’ll help you navigate the legal process, ensuring your case is presented clearly and effectively.
5. Peace of mind: Ultimately, our goal is to help you resolve your dispute in a way that allows you to move forward with peace of mind. We’ll handle the legal complexities so you can focus on maintaining your home and your relationships.

Resolving property disputes can be a delicate process. The first step is always to try to resolve the issue amicably. Open communication and a willingness to compromise can often prevent a minor issue from becoming a legal battle. However, when discussions break down, or the issue is too significant to resolve informally, it is time to seek legal advice.

Whether you’re dealing with a boundary issue, noise complaint, or any other type of property dispute, the key is to act early and seek expert legal advice when necessary. Weston Ward and Lascelles are here to protect your property and rights and resolve the dispute as smoothly as possible. Contact us today to see how we can assist you.