The fencing dispute between neighbours can cause long-lasting ill feelings. To avoid such issues, it is essential that you know your rights so that you can preserve them without escalating them into litigation.
In Australia, it is important that you know your fencing rights and try to resolve the matter peacefully. However, if the situation does not subside by then, you must talk to a legal representative to decide your further course of action. However, knowing your rights and events that can lead to a dispute is important. Join us in this blog as we provide you with an overview of the steps you can take in case of such conflicts:
According to the Dividing Fences Act 1961, this sufficient fence creates a boundary that marks property division between landowners. It can be described as:
If a property owner is installing a fence of better quality than a sufficient fence shining and agreeing with the adjoining owner, they might be able to claim only half of the cost. If you are still confused about a sufficient fence, you must contact a legal advisor or your local government.
If you know the name of your neighbouring property owner, things can be easier for you. However, if you are unaware, you can:
In case you are still unable to figure out the property owner’s name, the Department of Energy, Mines Industry Regulation and Safety has information on their website that you can use. They provide clear guidelines on constructing a fence when the adjacent landowner cannot be contacted.
Constructing or repairing a boundary fence can be complicated. This is especially true if retaining walls are involved. In such cases, it is essential to seek advice from fence dispute lawyers.
You may be able to receive information about the boundary fences from the Department of Energy, Mines Industry Regulation and Safety website or your local government. This web page outlines the process for sharing costs and creating a boundary between the neighbours.
The owners of neighbouring lands apply to construct or repair a boundary fence to the Magistrate Court.
It can be a complex affair when we are talking about retaining walls. In such cases, one must get legal advice from the best property settlement lawyers.
Usually, the person who excavates or builds buildings on the land is responsible for putting up the boundary wall. If you are undertaking such an action, you must:
The steps must be followed before constructing boundary walls or making any changes. However, if issues arise with the building work being completed even after seeking a building permit, you must contact your local council. As these cases might get complex, talking to reputable commercial property lawyers in Perth is essential before proceeding.
In this blog, we have discussed the nature of a dividing fence, things to do to replace a boundary wall, and ways to retain it. In conclusion, we would say that arguments between neighbours about boundary walls can leave your relationship on a sour note. To avoid such murky waters, you must contact property settlement lawyers and draft a clear agreement based on their advice. Alternatively, these professionals can help you with further proceedings if you are already stuck in such situations.