在新西兰
上次刮大风，和邻居共用的fence有两处被风吹倒，保险公司看过后，只修倒掉的两处，其余不管。
洋人邻居强调其他地方也都摇摇晃晃，应该全部换新的，并且他自己是buider,可以自己做，说会给各便宜价格，结果报价拿来，竟然要5000多。
我们找人报了价，全换只需2500左右。而因为我们的是出租房，老房子，并不太想花这么多钱在fence上，于是决定只修倒掉的两处。邻居的是新房，当然想要换全新，于是僵持不下。
现在邻居想要寄我们一份文件，不清楚是什么文件，我们让他寄给property manager,并给了地址，还告知他这件事我们全权委托给property manager了，他非说有法律规定必须寄给屋主本人，由于之前他报的超高价格，对他印象极其不好，所以总觉得他是在没事找事。
1. 不知哪位达人知道是有这个法律规定吗？
2. 这种情况我们可以只修倒掉的fence而不更换全部吗？
先谢了
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https://www.consumer.org.nz/articles/fencing-law
你不是必须要同意的。
Talk to your neighbours about building a new fence or upgrading an existing one.Yes. Generally, if you want to build a fence on a common boundary with your neighbour, or upgrade an existing one, you can expect the neighbour to go halves on the bill for an "adequate" fence. That is, one that is "reasonably satisfactory" for the purpose it is intended to serve.
Discuss your plans with your neighbour before you start putting in the fence-posts, though, and try to keep the proposal reasonable. They are entitled to object if they disagree about what is appropriate.
If you can not reach an agreement, or your neighbour refuses to pay half, there is a formal process you can follow. First, you must serve your neighbour with a "fencing notice".
What should the "fencing notice" say?
The notice should state that it is served under the Fencing Act 1978 and contain the names and addresses of both you and your neighbour. It must describe:
- The boundary to be fenced.
- The type of fence to be built.
- Who will build the fence.
- The estimated total cost.
- How materials are to be purchased.
- The start date for work.
It must also explain that your neighbour has 21 days to object to any aspect of the proposal and make any counter proposals. It must say that if your neighbour does not accept liability, you must be told within 21 days the reason why and be given the name and address of whoever your neighbour believes is liable.
The notice must also say that if your neighbour makes no communication within 21 days, they will be deemed to have agreed to the proposals and will have to share the cost.
Remember to sign and date the notice, and keep a copy for yourself. You can deliver it by registered letter or in person. This is called "serving notice".
If you have trouble preparing your notice, refer to a copy of the Fencing Act. A sample notice is included in the schedules to the Act, as are some useful descriptions of various different types of fences.
What if my neighbour doesn't want a new fence at all?
They should serve you with a cross-notice. They can object to part or all of your proposal if they believe the existing fence is adequate, or think your proposal is excessive. They can also object to being asked to pay if they don't own the property.
This cross-notice must be served on you in person or sent by registered mail.
What should a cross-notice say?
The cross-notice must reach you within 21 days. It should detail your neighbour's objection and any counter proposals. It should also state that it is served under the Fencing Act.
A sample cross-notice is included in the schedules to the Act.
What happens next?
If you can't agree between you, your options to resolve the dispute include mediation, arbitration, a Disputes Tribunal or a District Court.
If you don't fancy any of these, you could just build the fence back from the boundary on your own property. But you'll have to pay for this yourself, and even then, your neighbour may still insist on a boundary fence at some point in the future.
I'd like to build a smart iron fence, but my neighbour says it will be too expensive and wants a simple wooden one. Who gets to choose?
If you can't agree, you'll have to get the issue resolved as above. But your neighbour doesn't have to pay any more than half the cost of an "adequate" fence.
My neighbour has sold up and gone, but I still want the new fence. Do I have to issue a new notice?
A new neighbour means a new chance for a friendly relationship. You may find they readily agree with your plans. But if they don't, you will have to go through the process again.
My neighbour still objects to the fence and won't let the builder cross the boundary line while building the fence. Can they do this?
Yes. But if it happens, you can seek an order from a District Court or Disputes Tribunal to allow anyone building the fence to enter your neighbour's property at reasonable times and do whatever is reasonably required to build the fence.
You can head off this problem if you raise the issue in your fencing notice. This way, at the initial hearing the court or tribunal can authorise you, or anyone employed by you to build the fence, to enter your neighbour's property.
Exactly where should the fence go?
The fenceposts should be placed right on the boundary line or as near to it as practicable. If there are no posts, the middle of the fence should be on the boundary line.
We had a fence, but my neighbour destroyed it. Now they want me to help pay for a new one. Do I have to?
No. They were responsible for the damage, and they have to pay.
The fence has been destroyed in a storm, but my neighbour is overseas and I need to get it repaired quickly. Can I ask them to help with the cost when they get home?
Yes. If your neighbours are away, and a fence needs immediate repairs, you can do the work and recover half the costs from the other owner.
If the fence requires replacing, you should replace it with a comparable fence. But you can't upgrade the fence without your neighbour's agreement.
My neighbours have built a swimming pool near the boundary and are required by law to fence it in. Do I have to help them pay? Yes, but your contribution should not exceed the amount you would pay if the swimming pool did not exist. That is, half the cost of an "adequate" fence in that area of the boundary.
All work on the fence remains your neighbour's responsibility.
How high can my fence be?
You can usually build up to 2 metres in height without getting planning consent from the local council.
However, you should always check with the council to make sure. It may be that you live in a special heritage area or are affected by rules in the district plan that mean you cannot build your fence this high.
Resolving a disputeMediation and arbitration
A mediator helps the two sides in a dispute negotiate a solution. An arbitrator imposes a solution. Both processes are private and voluntary, but once you agree to take part in an arbitration you are bound by the outcome. The courts will back an arbitrated settlement. A mediated outcome can be enforced by the courts only if you both agree to this happening before you start the process.
Both approaches are charged on a time basis, which you negotiate with the mediator or arbitrator. Contact the Arbitrators' and Mediators' Institute of New Zealand for help, or look in the yellow pages under Dispute Resolution.
Disputes Tribunal
A Disputes Tribunal can hear most claims relating to the Fencing Act or for property damage, provided the claim does not exceed $15,000 (or $20,000 if the parties agree) and does not relate to loss of light, sunshine or views, or the removal or trimming of trees.
District Court
A court can also hear claims relating to the Fencing Act or for property damage, including those issues just mentioned that a Disputes Tribunal cannot hear. Courts can award monetary compensation for damage caused by a tree, and can order that a tree be removed or trimmed.
Claims to a District Court will almost certainly require the help of a lawyer and can be expensive.
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把别人的估价你要打印好，3礼拜内一同交给邻居说这个报价的一半是你能接受的，也就是1000多，
剩下的他自己考虑
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关键现在我们不想花钱换这个fence,只想把倒掉的修好，他们想全换。
还有，上文有说notice必须给屋主本人，不可以给代理吗？
多谢
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property manager就是房东的授权人，你只要把文件交给代理，他们会跟房东联系做决定的。
fence的话我觉得应该也是房东出钱修，因为是自然灾害的因素，房客没有责任要修
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我现在也有和你类似的情况。我们是铁皮围墙，有一片脱离了柱子需要加固。我的华人菜鸟房屋管理在没通知我的情况下就答应邻居换新围墙，我知道后当然不同意，就派人去维修，邻居还万般阻挠，就要换新的不准修。后来还是我自己花钱去修好了围墙 （正好当时他们不在家），之后邻居还经常打电话去房屋管理抱怨，甚至威胁，要求我同意换新围墙。
投诉后，菜鸟房屋管理被换掉，又换了个华人房屋管理，我都不知道他们是为我工作还是为邻居工作。（居然能听邻居抱怨，甚至谩骂的电话好几次而且每次都1个多小时以上）。然后就希望我按邻居的要求做，息事宁人。
我现在都不愿意去我的出租房。邻居天天盯着，就想和我面谈。
我现在也很纠结到底该怎么做好。
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the point is that you need be strong.
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you pay 房屋管理, but they work for your 邻居. Please Pm your 菜鸟房屋管理 and 同样没经验的华人房屋管理. thanks.
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现在这2个华人管理都跳槽了。刚刚给我换了个新的，再观察一下如果不行我就终止合同了。
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那说明property manager是可以接受他的信件的对吧。我的邻居非要我的physical address, 要把信交到我手里我不原意理他。所以跟他说去找property manager, 他说我不给他地址,要去tribunal告我。我今天就不给他,等着他告我。
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。。。。他只是担心你到时候用借口 manager 没有给你为由，拖延他的notice ,因为一旦给你，你必须3礼拜之内做出回应，否则视为你已经同意他的要求。
另外，就算你自己收信，你自己/也可以请manager 书面告诉他，你不同意
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adequate, i like this
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我给property Manager 打了招呼，不准给邻居我的details.一切都通过他们和我联系。
找个好的，有经验负责任的房屋管理太难了
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妈的，这都什么社会啊~~~你妹啊。 这是什么理由呢？风吹坏的地方都修好了，就和以前一样了，要全部换？
你怎么不告诉他说：你老婆感冒了，等她病好了，换一个老婆吧。你妹啊
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同感，太难了
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啥大事啊，人家自住想修得漂亮点，LZ不想出钱替别人高兴。LZ修完烂的就别理他就好了
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我家围栏有点久，我自己掏钱全换了，没要邻居一分钱，以免纠纷，目前邻里相处的挺好
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我家的也是倒了，我们也是租房子住的，这样的情况，我们通知了房主，一切他们自己搞定，不用我们管的，我们租房子的，是不用理会这些的。
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没保险吗？ 我家也吹倒了，和邻居商量全换新的。我们只要交各自垫底费就好了。
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我是来招仇恨的，我家的fence也烂过， 栅栏上面的木头。我爸妈弄的木料，哼次哼次的在锯。就是锯不开，，，我家后面的邻居看见了把他儿子叫来给装好了。 不过这个是他家隔着我家的栅栏。我家rain gutter 漏水。住左边的邻居是做铝合金门窗的，人家帮换了。只收了builder 拿材料的钱。
我爸妈没事就给他们送饺子。他们说喜欢猪肉韭菜的。我去，洋人不是都讨厌韭菜味吗
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上面的邻居都太好了。
我的保险公司只给修倒掉的,去掉垫底费,只赔180块。邻居想全部换新的,一共30米长,他说想自己做,报价过来30米竟然要价5千多,我找别人报价只要2千多,差了一倍。感觉这人心地不好,我就说不想全换,把坏的修好就行了。他就叫嚣着要找律师,要去告我。好了,我说那好你去找我的property manager联系,有事跟她说。他又有事来了,他要寄份文件给我,我说你寄给我的manager, 给了他地址,还不行,非要我本人的地址,说是法律规定,我的manager问他是哪条法律规定的,他又说不上来,还给我规定期限,如果到时不给他我的地址就去告我。我的manager找到有关fence的详细法律规定给他,最近没看他吭声了。
感觉有的洋人欺软怕硬,一定要不卑不亢,有理有据的打击他。