A neighbour wants to replace an existing fence on the boundary on a section of our long driveway. The fence needs repair

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Customer: A neighbour wants to replace an existing fence on the boundary on a section of our long driveway. The fence needs repair or replacement due to vegetation damage from their property. We have been advised by CAB that we are not obliged to contribute to the cost of the neighbours proposed fence because of this damage. The neighbour has a quote for $4280 for the new fence to their specifications. The neighbour has asked us to contribute $1000. Their issue is privacy from the property on the opposite side of our drive however the fence does not affect us in any way. Is it correct that we are not liable.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No - we have a letter from them with their quote and request for contribution, but we have not yet replied
JA: Where is the property located?
Customer: Snells Beach Auckland
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Answered by Chris The Lawyer in 3 mins 2 years ago
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Chris The Lawyer, Expert

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

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Chris The Lawyer, Expert

You can only be made liable for the fence repairs if your neighbour goes through the proper process of giving you a fencing notice specifying the work to be done, and giving you an opportunity to respond with a cross notice. If they don't go through this process then they cannot force you to pay. Sometimes it is worth making a contribution for neighbourhood harmony, but that is optional on your part

Customer
If they go through the proper process are we liable even though the damage is from their property?
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Chris The Lawyer, Expert

That is an issue you can address in your cross notice, to say that the reason for the fence needing to be replaced was their failure to prevent the vegetation damage

Customer
If the neighbour does give us a fencing notice and we respond that the damage is caused by their vegetation, and they don't agree to our claim, what would the likely outcome be?
If we don't receive a fencing notice, what happens then?
Customer
When can we expect the solicitor to call. If he is unable, could he please answer our last question.
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