A neighbour’s building extends over the boundary, what can I do?
  • Home
  • Questions
  • A neighbour’s building extends over the boundary, what can I do?

A neighbour’s building extends over the boundary, what can I do?

1 answer

Answer to the question

0
0
11

23.07.2026

A survey has shown that part of my neighbour’s garage encroaches slightly on my land. They say that it has been there for years and that they do not intend to move it. Do I have any right to make them remove it?

Site Administration 25.07.2026
reply date: 25.07.2026

Encroachments are dealt with under the Property Law Act 2007, and the outcome is not always removal. Under Part 3 of the Act, either you or your neighbour can apply to the court for an order dealing with the encroachment, and the court can order that the encroaching structure be removed, that the owner of the encroaching building be granted a statutory right to remain in exchange for compensation, or that title to the land be transferred. In deciding, the court considers factors such as the extent of the encroachment, hardship, the owner's good faith and whether it was deliberate or negligent. Because New Zealand's land title system does not normally recognise adverse possession, length of time alone does not give your neighbour title. Talk to your neighbour, and consider a negotiated solution, such as a boundary adjustment or an easement, with advice from a lawyer.

Похожие вопросы

Can I dispute the agent’s commission after the sale?

1 answer
16.08.2026
The real estate agent is claiming a large commission even though the buyer was someone I introduced, and I thought we had agreed on a lower rate. The agency agreement is a bit vague. What are my rights?
0
0
9

My rental is damp and mouldy, is my landlord responsible?

1 answer
31.08.2026
My rental has serious mould in the bedrooms and bathroom, condensation on windows and a musty smell. My child has been unwell. The landlord says it is my fault for not opening windows. What are the landlord's obligations?
0
0
11

Can my landlord end the tenancy so they can sell the house?

1 answer
01.09.2026
My landlord has told me that I need to move out because they are selling the property. I have a periodic tenancy and I am worried about how much notice I have. What rules apply when a landlord wants to end a tenancy?
0
0
26

Is there a cooling-off period if I buy at auction?

1 answer
21.08.2026
I got carried away and bought a property at an auction last weekend, and now I am having second thoughts about the price and some issues that I noticed. Can I cancel, and how does an auction purchase differ from a normal offer?
0
0
21

Can overseas buyers purchase houses in New Zealand?

1 answer
17.09.2026
I am a foreign national and I am considering buying a home in New Zealand as an investment or for future use. A colleague says that there is a ban on foreign buyers. What are the current restrictions?
0
0
19
Show all