The Ultimate Guide To Fencing & Gates
Contains: 750 Fence & Gate Designs, DIY plans for timber gates, Construction guide for fencing, Letters to notify your neighbours, plus FREE bonus guides...
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NEIGHBOUR DISPUTES RE: FENCING
What if my neighbour disagrees with the fence?
If your neighbour does not agree to the fence, you need to obtain a quotation and send them a Dividing Fences notice. They have the option to respond, but if they don't, you may go ahead and organise for the fence construction and your neighbor will have to meet their share of the cost. If there is a genuine dispute, you may try to settle it through a Community Justice Centre or, failing that, take the matter to the Local Court.
Orders as to fencing work
(1) A Local Court or local land board may, in respect of an application under this Act,
make an order determining any one or more of the following:
(a) the boundary or line on which the fencing work is to be carried out, whether or not
that boundary or line is on the common boundary of the adjoining lands,
(b) the fencing work to be carried out (including the kind of dividing fence involved),
(c) the manner in which contributions for the fencing work are to be apportioned or
re-apportioned,
(d) which portion of the dividing fence is to be constructed or repaired by either
owner,
(e) the time within which the fencing work is to be carried out,
(f) the amount of any compensation (in the form of an annual payment to either of the
adjoining owners) in consideration of loss of occupation of any land,
(g) that, in the circumstances, no dividing fence is required in respect of all or part of
the boundary of the adjoining lands.
(1A) Despite subsection (1), no order may be made for the carrying out of fencing
work on critical habitat within the meaning of the Threatened Species Conservation
Act 1995 without the consent of the Director-General of National Parks and Wildlife.
(2) The occupation of land on either side of a dividing fence, as a result of an order
determining that fencing work is to be carried out otherwise than on the common
boundary of the adjoining lands, is not taken to be adverse possession as against the
owner or to affect the title to or possession of the land, except for the purposes of this
Act.
Most disputes over fences are about the style of fence. One homeowner may want a steel fence while the other may prefer a less expensive paling fence. If such a dispute goes to Court, the Court will look at the standard style of fencing for the area.
The most common mistake made over fences is where one homeowner goes ahead and gets work done without consulting their neighbor, and then serves them the notice to pay, believing that their neighbor has an overwhelming obligation to pay. The answer is: Always talk to your neighbours first and try to get agreement. And remember, if neither of you wants a dividing fence between your properties, then you don't have to have one!
The best way of avoiding unneccessary problems with your neighbour is through good communication. It is suggested that a well drafted letter to your neighbour stating your intentions is the best way to avoid neighbour disputes, even if you are not asking for payment towards the work! This should be backed up by another letter including quotes obtained by fencing contractors. Thirdly, a completion letter requesting payment for their portion of the work is required upon completion. Legal letters drafted especially for you to send to your neighbours, ...draft letters
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