it pays to know the laws of the land
2009 act give you rights to maintain farm's boundaries
Published 27/09/2011 | 05:00
Have you ever encountered a problem with a neighbour when you sought to trim a hedge which separates your field from your neighbour's house?
Have you ever had words with a neighbouring farmer whose sheep continually break into your silage field but who refuses to put up sheep wire? If so, the provisions of the Land and Conveyancing Law Reform Act 2009 may provide a solution.
The act provides landowners with a right to carry out works on the boundaries between two properties, such as clearing ditches, improving fences and repairing walls subject to certain conditions. In practical terms, the person wishing to carry out the works should notify, negotiate and set out what work is to be done with their neighbour and if you are the neighbour you can specify the terms. However, in the event of a dispute, the matter can be referred to the district court and it will be up to the judge to determine if it is reasonable to allow the works to be carried out.
The act provides that a person who wishes to carry out the works may do so for the purpose of:
•Complying with statutory or planning requirements;
•For the preservation of his property;
•Any other works which will not cause either substantial damage or inconvenience for the adjoining owner;
•Even if they will cause such damage or inconvenience, that it is nevertheless reasonable to carry them out.