Does New Zealand property law require me to let my neighbours walk across my garden?

As I was sunbathing in my garden today, don't ask about my state of nudity, the neighbours suddenly promenaded through.


Upon being confronted by me, they asked cheerfully whether I wasn't aware of "their shortcut".


Needless to say, I was not.


But they made it sound as if they had a right to walk through my garden whenever they want.


Could that be the case?


Are there laws here to that extent?

Does New Zealand property law require me to let my neighbours walk across my garden?
Does New Zealand have the British 'established traditional foot path' laws observed? If it has the same laws as England then they have walk in rights through your property. Legal survey of your property should show if foot path, but many lots may not have had path access noted. Is your property a recent development? Is there a watercourse anywhere near? Former common pasture horses? If the foot path existed before house was built or was used by former owner or allowed by former owner you may have established easement.
Reply:Tresspassing is the crime commited by neighbors who entered your property without permission.
Reply:Unless there is some obscure law, nobody has legal access to your property as a 'shortcut'. There are, however, certain professional who are entitled to free access -firemen, police, meter readers etc
Reply:All the other answerers are correct.





Yes that have NO right to just walk through on your property without permission. Put a sign up discreetly so they will see it, that would give them the hint.








..... so what was your state of nudity again %26lt;smile%26gt;
Reply:If it is your property and not community land then no they can not just trespass and that is what they are doing. Post a no trespassing sign and if they come on your property again then call local authority's and have them cited. If they should be crossing your property and got hurt they could sue you for their injuries. Protect yourself.
Reply:Don't know about NZ, or your part of it . In some jurisdictions, in the US there have been cases of "grandfather " exceptions. For example, if they have been using the shortcut for 25 yrs before you got there,and it's the only convenient path to their destination, they might be "grandfathered" in. Not a likely scenario, but without knowing the applicable laws , can't really say. Seems as though the cases I'm remembering involved commercial property , though, not your situation .


It might be better to talk to your neighbors about a mutually agreeable solution, before resorting to the law. ( A fence, or a hedge , or just a clump of bushes, for ex.)