Steve Baron: Neighbourhood Disputes: From Historic Feuds to Modern Property Battles

Neighbourhood Disputes

American folklore tells the tale of a bitter feud in the late 1800s between the Hatfields & McCoys, from rural Kentucky. The story so captured the minds of Americans that the History Channel produced a thrilling three-part mini-series about the families, starring Kevin Costner and Bill Paxton. It started over a murder, then a stolen hog, a bit of detested intermarriage, bootlegging and escalated from there, eventually claiming over a dozen lives between the two families.

Back here in little old New Zealand, TVNZ produced the reality TV series, ‘Neighbours At War‘. It was an extremely popular series hosted by ex-cop Graham Bell, who previously hosted the Police Ten 7 show we all loved to watch. Hell… there’s nothing like watching a good old stoush between people when we’re not in the middle of it ourselves, is there! And we’ve seen it all, neighbours fighting over boundary lines, animals, loud noise, and the list goes on ad infinitum.

And not that long ago, a former New Zealand couple hit the national headlines after an 18-month-long fight in 2014, which saw them spend over $100,000 to have a neighbour’s fence removed after it was erected (for no genuine reason) along the boundary of their Wellington home, completely blocking out their expansive harbour views.

Estimates suggested it devalued their property by as much as $900,000. That case went as far as the Environmental Court. Luckily, this successful businessman had the wealth to be able to protect his interests. Not everyone has that luxury.

When Business Neighbours Fall Out

In many commercial districts across New Zealand, similar disputes arise when property owners make decisions that affect their neighbours’ operations. Take, for instance, situations where a well-established business owner decides to block off access through part of their property to neighbouring businesses who have traditionally relied on that access. While they may be totally and legally within their rights to do so, one has to wonder what would motivate such an act?

This scenario affects close-knit groups of business owners and tenants in commercial areas nationwide. They appreciate that property owners are well within their rights to control access, but the question remains: Is it really necessary?

Many businesses require access to the rear of their buildings where they park their vehicles, unload goods and have their large rubbish bins removed by garbage trucks in the early hours of the morning. When this access is suddenly cut off, it can create significant operational challenges.

New Zealand Supreme Court

The Cost of Neighbourhood Disputes

In the past, many commercial arrangements have been quite amicable. Property owners often graciously give neighbours easements over their land so businesses can access doorways, loading areas, or other essential facilities. Previous property owners are typically happy to allow such access for a small and reasonable annual fee, recognising the mutual benefits of maintaining good relationships in commercial districts.

While these local incidents may not be in the same domain as the infamous Hatfield & McCoys, they’re certainly disappointing to see happening across New Zealand, especially when many communities are trying to revitalise their commercial districts and get them thriving again. Business districts work best when there’s cooperation and goodwill between neighbouring property owners and tenants.

Let’s hope a bit of neighbourly love can rise to the surface in these situations. We certainly don’t want to see escalating disputes that damage business relationships or harm the vibrancy of our commercial centres. After all, a thriving business district benefits everyone involved.


Steve Baron

Steve Baron is a New Zealand-based political commentator and author. He holds a BA with a double major in Economics and Political Science from the University of Waikato and an Honours Degree in Political Science from Victoria University of Wellington. A former businessman in the advertising industry, he founded the political lobby group Better Democracy NZ. https://stevebaron.co.nz

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Comments

  1. I’ve had a few neighbours I’d like to shoot!

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