How to Know if Your Neighbour Has to Contribute for the New Fence
Well, that depends on a number of things but the general rule is:
Where there is no sufficient dividing fence your neighbour must contribute to the carrying out of fencing work that results in a dividing fence of a standard not greater than the standard for a sufficient dividing fence.
That’s classic legalese from the Dividing Fences Act 1991 (NSW). It means that where the existing fence is inadequate you (or your neighbour) generally must contribute equally to the cost of the fence that is reasonable in the circumstances. What is reasonable? The key here is what the court will consider to be a sufficient dividing fence.
The court will consider all the circumstances of the case when determining the standard for a sufficient dividing fence, including:
(a) the existing dividing fence (if any),
(b) the purposes for which the adjoining lands are used or intended to be used,
(c) the privacy or other concerns of the adjoining land owners,
(d) the kind of dividing fence usual in the locality, or
(e) any policy or code relating to dividing fences adopted by the local council in which the adjoining lands are situated.
Case study
In a recent example while building a new duplex a developer knocked down an old (dilapidated) wooden fence to provide ease of access for earthworks. Once the earthworks were complete the developer built a tall, double brick wall along the boundary line for privacy (other nearby properties used standard 1.8m high Colorbond fences). The owners of the adjoining property were shocked to receive a bill in the mail for more than $6,000, being half the cost of the new fence. A quick trip to their lawyers and some exchanges of correspondence later, the developer quickly dropped the claim and settled for half the cost of a standard Colorbond fence, saving the neighbour more than $5,000.
Knowing your rights
This is just one example in which knowing your rights and speaking with a competent lawyer in this area can be worthwhile. Disputes over fences are common and, if not handled carefully can turn once friendly relations between neighbours into awkward silences, steely glares and hostile territory.
If you are experiencing this or a similar issue or if you just want advice on your rights, contact us to help you find a solution.
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