Think of a situation like this! You and your neighbor were just fine, but suddenly, they proposed to build a new fence for which you have to share equal costs. Such situations never feel good and can escalate to unbelievable heights in minutes. Thus, it is always crucial to know your rights and powers to tackle such bitter moments.
Moreover, if the matter is related to shared fencing, it involves both legal and financial matters that must be dealt with the utmost care. Consulting with seasoned boundary dispute lawyers Perth will help you get newer perspectives and all your legal avenues.
In this blog, we will briefly explain what shared fencing is about and guide you in settling disputes emerging with your neighbor regarding fences and boundaries.
Australian laws by respective state governments control the erection and maintenance of fences. These legislations are quite the same throughout the country but have subtle variations across states. Therefore, it is always wise to consult boundary dispute lawyers to clear the air surrounding it to help you make an informed decision.
According to the Dividing Fences Act of 1961, both parties (neighbors) need to share the responsibilities and bear the costs equally for revamping old fences or erecting newer ones. However, one party has to bear the added costs if they want to do something extra than what is required, making fairness a crucial factor in the law.
Additionally, the act states that a dividing fence can only be built on the common land of both neighbors and cannot be built solely on either person’s property. For a clearer understanding and to know how this act interacts and works with other local laws in your area, it is best to seek guidance from building contract dispute lawyers.
Well, it is always best to resolve matters in their nascent stage to avoid problems and legal hiccups in the future. However, there are situations where nothing goes your way, and you might have to move to the court. Thus, we have provided the potential settlement avenues regarding shared fencing as follows:
The first and most basic thing that you can do to resolve such problems is to initiate a clear and respectful conversation with your neighbor. Things can indeed get out of hand during this stage; thus, both parties have to be patient and empathetic to listen to each other’s sides. Through active listening and proper understanding, both parties can reach a solution that would help avoid the costs and time of going to court.
If the conversation cannot yield fruitful conclusions, the next stage that you can pursue is this. Involving a mediator between you and your neighbor will help in advancing positive communication that will support the reaching of a common stance or a compromise between both parties to end the matter without legal intervention. Reaching out to Dispute Resolution Centres in Western Australia is the ideal way to draw an end to your conflicts with cost-effective mediation services.
If nothing works and things have gone beyond repair, it is time to move to court. However, it is always recommended to resort to this final option only if all the other ways are exhausted. It is of utmost importance to choose among the best property settlement lawyers to receive sound guidance about what you can do in the matter. They will also be beneficial in helping you understand your rights, duties, and ways in which you can settle the case successfully.
In conclusion, to avoid boundary disputes with your neighbor, having a good bond between the both is important. This will help both of you to negotiate and reach a solution informally without the need for the involvement of others.
However, it is always wise to have a backup plan upon consultation with the best property settlement lawyers in case things escalate or you do not share an amicable relationship with the family next door.