The issue has come to light after two Dunedin families were asked to pay $80 rent, and a $56.25 administration fee for the privilege, after it was discovered parts of their properties were on a road reserve.
That story prompted a response from Otago Daily Times readers: some who have found themselves in the same position, but others who have discovered the council has built a road or footpath on their land.
Council city environment general manager Tony Avery yesterday said the council did not pay rent when the latter situation was discovered.
Learmond Fahey and husband Sidney, both in their 80s, were told to pay a rental and administration fee for part of their Netherby St, Balaclava, home, despite its having been there since 1962 and the issue having not arisen in the past.
A neighbour had the same problem.
One reaction to the story came from a St Clair reader, who said she may be involved in a similar situation, "but in the reverse".
"We are about to have a survey done of our property boundary to find out if, in fact, the council has installed their footpath on our land.
I wonder what the DCC's policy is when the shoe is on the other foot?
"Considering our property is high value land in St Clair, maybe they will be owing us land rental?"
Asked that question, Mr Avery said: "No. We wouldn't pay rent."
As the roading authority, the council was required to make sure roads were clear for traffic, and where the situation arose, it negotiated with the landowner to buy the land.
One option where a property encroached on to council land was to apply for a "road stopping", where a ratepayer could buy part of a road reserve from the council, if the land was not being used.
That occurred regularly, though there were costs for the buyer.
Other respondents have asked why boundary issues were not discovered when building consents, for instance, were completed.
Asked to respond, development services manager Kevin Thompson reiterated it was the responsibility of the homeowner or builder.
"People have to take responsibility to make sure," he said.
The issue would be the same if someone built over their neighbour's boundary.
Boundaries were not an issue the council considered when it provided building consents.
"We're inspecting to make sure it meets the building code; that's it, no more."
Mr Thompson urged people to pay for a land information memorandum report when they bought a home.
"It's a very important thing. I can't understand why people making the biggest investment of their life don't get that."
