u/BoysenberryCandid717

Currently in Christchurch helping my elderly mother with a situation, regarding fencing, boundary and talked with lawyers.

Owner of house next door is well known developer that has been on news multiple times.

1.Sent us a fencing notice. We sent proper (within timeframe) cross notice abiding by the fencing act rejecting due to insufficient evidence and we believe it was wrong document (it was, IN FACT: the surveyor's license was REVOKED).

  1. Tore down the fence claiming it was their land and they have their rights.

  2. Now in a financial predicament, either accept our lost land, or hire a surveyor and lawyer. Thing is if they did have OFFICIAL legal surveying documents we wouldn't even have to go through this, however its common to bluff apparently.

Talked with a few friends within this industry and lawyers and it seems to be quite a common thing to do as the finaical pressure on the landlord is massive to defend and regardless their cost if they lose is only moving the fence back. All the false documentation and misleading is wrong but nothing legally can challenge it as in the end it is not the owner who is at fault and at most the building contractor.

Edit: To make it more egrigious it aint just us its all the neighbours surrounding him. They claim all of us neighbours are encroaching on his land and he has his rights.

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u/BoysenberryCandid717 — 23 days ago

Hi there

Recently have been doing some renos on my house. Talking with the tradies heaps of them talked to me about the fear of liquidation. More specifically, alot of them reject doing their services with building contractors unless extremely verified as they have experienced the company they work for liquidate. They tell me how it's super unfair given the owners of the company usually come out extremely rich and well. I'm not 100% sure but I think there is some legal loop hole where they can potentially set up a new company or some even just flee the country afterwards. Has this always been such a prevalent issue in New Zealand.

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u/BoysenberryCandid717 — 23 days ago

After talking with a building construction manager they told us that we were protruding within their boundary line by 4 m. They sent us a fencing law with a surveying thing; however, we disagreed with it. We said that it was not sufficient evidence for removal of the fence, as it was purely just a topological survey and was not an official document. Also, they covered some parts of the document, such as the legal disclaimer. We know that they covered the legal disclaimer because the neighbor nearby got sent a different copy with the covering not done. However, last week in the morning, we woke up to the fence completely torn down. Us standing down, we were very pissed, understandably, and asked them why they were standing down. She responded that she has the legal rights and it's her property. We responded that we told her that it wasn't because she did not provide enough evidence. After that, she told us she is just an employee. I am not responsible for this, and I am only just an employee. Talk to the owner of this property. I am just doing my work. PS this is the building manager. Is this not illegal as we clearly in written notice did not consent and wrote that we did not believe it was sufficient evidence.

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u/BoysenberryCandid717 — 26 days ago