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Dividing Fences ACT - click here...A dividing fence is a fence that separates the land of different owners whether the fence is on the common boundary of adjoining lands or on a line other than the common boundary. A dividing fence does not include a retaining wall.

A “sufficient fence” is:

a fence prescribed by a local government local law;
a fence of any standard agreed upon by adjoining owners provided that it does not fall below the standard rescribed by the relevant local government local law;
a substantial fence that is ordinarily capable of resisting the trespass of cattle and sheep; or
a fence determined by a Magistrate in a Magistrates Court to be a sufficient fence.

Note: A fence which accords with (c) or (d) is only a sufficient fence where no local law or agreement is made.Who pays for my boundary fencing?

Both you and your neighbor are liable for the maintenance of your dividing fencing 50/50. If you decide to erect a dividing fence of a higher standard than a sufficient fence without obtaining the agreement of the adjoining owner, you may only claim half the cost of erecting and maintaining a sufficient fence, as defined above. More information is available from the following sites;

Information on the Dividing Fences: www.alldayfencing.com/adfcouncil.php#council.

Information on neighbor disputes – fencing: www.alldayfencing.com/adfcouncil.php#dispute

Information fence & gate laws: www.alldayfencing.com/adfcouncil.php.

Letters to serve your neighbors RE: FENCINGLetters to serve your neighbors RE: Fencing. Download our letters for your neighbors, cut and paste then send! Avoid expensive neighbor disputes and disagreements by informing your neighbors of your intentions and their responsibilities. www.alldayfencing.com


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