Discovering that part of your garage, deck, or roof eaves encroaches on your neighbour’s property can be a stressful and complicated situation. Known as a boundary encroachment, this issue often goes unnoticed until the property is put on the market or surveyed.

How Are Boundary Encroachments Identified?

Boundary encroachments are typically uncovered in one of the following ways:
✔ Council aerial photographs – Councils often use aerial images to map property boundaries. However, these photos are not entirely accurate and can give a misleading impression of encroachments.
✔ Survey pegs or boundary survey – The most accurate way to confirm an encroachment is by physically locating the survey pegs on the property. Alternatively, you can hire a licensed surveyor to confirm the precise boundaries.

Why Are Boundary Encroachments a Problem?

When part of your property structure extends over your neighbour’s boundary, you are legally responsible for the encroachment. This can lead to disputes, legal action, and significant costs.

If you are selling your property, an undisclosed boundary encroachment can cause complications with buyers, affect the property’s value, or result in the sale falling through.

Options for Resolving Boundary Encroachments

If you discover a boundary encroachment, the solution will depend on whether the structure is movable or permanent.

✅ 1. Moving the Structure (If Possible)

If the encroaching structure is moveable (e.g., a garden shed or freestanding deck), the simplest solution is to relocate it within your boundary.

However, if the structure is immovable, you will need to consider one of the following legal remedies:

✅ 2. Purchasing the Encroached Land

One common solution is to negotiate with your neighbour to purchase the portion of land where the encroachment lies. This process involves:
✔ Hiring a surveyor to accurately map the boundaries and identify the encroaching area.
✔ Subdividing the land, which can be a costly and time-consuming process.
✔ Becoming the registered owner of the land beneath the encroaching structure.

While purchasing the land offers a permanent solution, it requires your neighbour’s cooperation and consent.

✅ 3. Registering an Easement

If purchasing the land is not feasible, you may negotiate for your neighbour to grant you an easement over the encroached area. An easement gives you the legal right to access and use the land, while your neighbour retains ownership.

The easement process involves:
✔ A survey plan identifying the easement area, which is lodged with Land Information New Zealand (LINZ).
✔ Potential Council consents and regulatory approvals.
✔ Legal documents prepared by a lawyer, signed by both parties.
✔ Registering the easement on both property titles.

???? Costs for survey plans and legal fees can exceed $10,000. Easements require cooperation from your neighbour and may be less appealing to potential buyers.

✅ 4. Applying for a Court Order

If your neighbour refuses to cooperate, you can apply to the Court for relief. The Court will review the situation and may issue one of the following orders:
✔ Vesting the land with the encroachment to you, making you the legal owner.
✔ Granting an easement over the encroaching area.
✔ Allowing your neighbour to take possession of the encroaching structure.
✔ Ordering you to remove the encroaching structure.
✔ Awarding compensation to either you or your neighbour.

While applying for a Court order offers a legal resolution, it can be time-consuming and costly, with no guaranteed outcome.

Preventing Boundary Encroachment Issues

When purchasing a property, it is crucial to conduct thorough due diligence, including:
✔ Title searches and checking for easements or boundary adjustments.
✔ Hiring a surveyor to confirm property boundaries.
✔ Seeking legal advice to identify and address any potential encroachments.

Seek Legal Advice from Core Legal

Boundary encroachments can lead to costly legal disputes and affect your property’s value. If you discover that your garage, deck, or roof crosses into your neighbour’s land, it is essential to seek professional legal advice.

At Core Legal Masterton & Wellington, our experienced team can help you:
✔ Negotiate with your neighbour.
✔ Prepare and register easement agreements.
✔ Represent you in Court proceedings if necessary.

We offer fixed-price initial consultations, providing you with clear guidance on your legal options without any unexpected costs.

Contact Core Legal today to protect your property rights and resolve boundary issues effectively.