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

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.