What To Do When A Neighbour Removed A Fence Without Permission?

June 21, 2024    propertysettlementlawyersperthwa
What To Do When A Neighbour Removed A Fence Without Permission?

Fences are more than just a perimeter marker between your and your neighbor’s property. And coming home to a dismantled fence can be a shocking sight. Not only can it leave your property exposed, but it can also cause a dispute. However, in such situations, it is important to maintain calm rather than marching up releasing your frustration.
In such situations, you must take a deep breath and make logical decisions. To tackle such conditions, we will discuss the steps that you can take to address the missing fence in this blog. Apart from that, we will also discuss how property settlement lawyers Perth can help you.

So, let’s continue reading the blog to find a resolution that maintains your property line and peace with your neighbors.

What are the different types of fences?

When it comes to settling such matters, you must know various types of fences. This is where terms like boundary line, fence, or property line come into play.

  • Property line: this invisible line defines the limits of your property and separates your land from your neighbour’s. You can find these details on your property feed or plan map.
  • Boundary fence: this is built around your property. It can be used by two landowners or just an individual. It depends on the local laws of the state.
  • Shared fence: this privacy fence sits on the property line between two properties. Both the neighbours utilise the benefit of this fence, and similarly, both of them are responsible for maintaining it. However, when using a shared fence, both of you have certain responsibilities, like repairing or building the fence.

Additionally, you must consult your neighbour before altering the fence. If you wish to change or repair something, it is important to consult them before attempting modifications. In case one of the parties tries to alter it without communicating with the other, and a dispute arises, a boundary disputes lawyer Perth can help.

Instances of shared fence disputes

If your neighbour reaches out to you about taking down a shared fence, you can talk to them to understand their perspective. Alternatively, if you see them talking down the fence without consulting you, it is important to keep your cool. You can approach them and ask what is happening. In case it is a misunderstanding, it can be cleared up with a conversation.

What steps can you take if a dispute arises?

Despite best efforts, sometimes a situation can escalate. If your property is a part of a Homeowners Association, you can consult them regarding such joint property ownership. They may have some rules and regulations in place and can mediate disputes. If you do not have a HOA in your area, you can seek legal advice.

You can contact a lawyer for commercial property who will guide you in making small claims in court. When it comes to properties and fences, these concepts can help you protect your property rights and keep peace with neighbours.

Why is immediate action important?

If your fence is torn down, it is important to talk to your neighbor as soon as possible, as it infringes on your property. In such cases, you can have a professional confirm our property boundaries, or you can ask for legal help. Taking prompt action can save you from potentially losing your property and other issues. It will also help you maintain a good relationship with your neighbors.


Such undesirable situations can occur many times when a co-owner does something that creates disputes. Generally, in such cases, your first line of defence must be communicating openly with your neighbor and settling a mediation. Even after trying all the methods mentioned above, if nothing happens, you can seek legal assistance.

In this blog, we have discussed the instances and steps to be taken once such a situation arises. Also, the Property settlement lawyers can help you in such cases. They can assist you in looking for court orders to have your “beneficial” interest announced. They can guide you in understanding the laws and regulations in your area so that you can make an informed decision. If you are looking for assistance, feel free to contact them and discuss the matter in detail to get proper guidance.

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