Garage, deck, or eaves built over the boundary? Learn your legal options in NZ, including buying the land, easement registration, or applying for Court relief. Legal advice for homeowners in Masterton & Wellington.

Boundary Encroachments in NZ: What Happens If Your Garage or Deck Is on Your Neighbour’s Land?

Boundary encroachments are surprisingly common across New Zealand and can cause major headaches—especially when structures like garages, decks, or roof eaves cross over into your neighbour’s property. You might only discover this issue when you go to sell your home, obtain a Council consent, or carry out renovations.

At Core Legal, we regularly advise homeowners in Masterton and Wellington on their options when faced with a boundary encroachment dispute. Here’s what you need to know and how to resolve the issue legally and efficiently.

What Is a Boundary Encroachment?

A boundary encroachment occurs when a permanent or semi-permanent structure—like a garage, deck, or even roof overhang—extends beyond your legal property boundary onto a neighbouring title.

This is usually identified through:

• Aerial maps from the local Council (which can be inaccurate)
• Survey plans or during conveyancing for a property sale
• Physical boundary peg checks or a professional land survey

Why It’s a Problem

Legally, if part of your structure is on someone else’s land, you are in breach of property boundary laws. This can lead to disputes, delays in selling your property, or even Court action if not resolved. Fortunately, there are several legal solutions depending on the cooperation of your neighbour and the specifics of the encroachment.

Legal Solutions to a Boundary Encroachment in NZ

✅ 1. Move the Structure (If Possible)

If the structure is small or temporary, the simplest solution is to remove or relocate it within your boundary. This avoids legal complications entirely.

✅ 2. Buy the Encroached Land

You can negotiate with your neighbour to purchase the land your structure occupies. This will require:

• A surveyor to redraw the boundaries
• A subdivision application to Council
• Updated title registrations

This option gives you full ownership of the encroached land but involves legal, survey, and consent costs.

✅ 3. Register an Easement

If buying the land isn’t feasible, your neighbour may agree to grant you an easement, giving you legal rights to use that portion of their property.

This involves:

• Preparing a survey plan (often over $10,000)
• Drafting and registering an easement agreement
• Council and Land Information New Zealand (LINZ) processing

The neighbour retains ownership, but you gain legal access and protection for your structure.

✅ 4. Apply to the Court

If an agreement with your neighbour isn’t possible, you can apply to the Court under the Property Law Act for relief. The Court may:

• Vest the encroached land to you
• Grant you an easement
• Order you to remove the structure
• Award compensation to either party

This option is more costly but ensures a binding resolution.

Avoiding Encroachment Issues When Buying or Selling Property

Boundary encroachments can derail a property transaction, so it’s crucial to get a property lawyer to review your LIM reports, title, and survey plans before you sign a sale and purchase agreement.

Talk to the Property Law Experts at Core Legal

Whether you’ve just discovered a boundary issue or are preparing to sell your home, the team at Core Legal Masterton and Wellington can help you understand your legal position and navigate the best solution—whether through negotiation, easement registration, or Court application.

We offer fixed-fee initial consultations to give you clarity on your legal options without unexpected costs.

???? Contact Core Legal today for expert advice on boundary disputes, property law, and easements in New Zealand.