My Neighbour's Fence Is on the Wrong Side of the Boundary. What Are My Options?
Get a licensed cadastral surveyor to re-peg the legal line before anything else. That's the only way to confirm an encroachment for certain, and every next step depends on it, especially on older Tauranga sections, corner sites, or sloping land where the original pegs have often shifted or disappeared entirely. Land Information New Zealand (LINZ) holds the title records a surveyor will work from.
It's worth being clear on what this is and isn't. A genuine encroachment, where a fence has been built over the actual line, is a property matter between you, your neighbour, and possibly a solicitor. It's not the same as a standard fence cost-sharing situation under the Fencing Act 1978, which applies when a fence sits on the boundary and one owner wants the other to contribute toward it, we've covered that process in detail in our guide to Tauranga fencing rules. We're not the right people to advise on the legal side of an actual encroachment, and we won't pretend otherwise.
Where we come in is once the line's confirmed and everyone agrees where the fence should sit. From there it's usually one of two jobs, shifting the existing fence back onto the correct line or building a new one if the old one isn't salvageable, and we'll work to whatever materials, height, or cost split you and your neighbour have already agreed on. Our fencing page covers the materials and styles we install for jobs like this.
Once you've got a confirmed boundary line, call us for a fixed quote to rebuild or relocate the fence correctly, no guesswork, no starting again in two years.
Frequently Asked Questions
How do I find out if a fence is on the wrong side of the boundary? Engage a licensed cadastral surveyor to re-peg the legal boundary line.
Is a boundary encroachment the same as a Fencing Act dispute? No. The Fencing Act covers cost-sharing for fences on the boundary. An encroachment is a separate property matter.
Can Klinks help resolve a boundary dispute? We can't provide legal advice, but once the boundary is confirmed, we rebuild or relocate the fence to the correct line.