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Category Archives: Neighbor Disputes

How high can I build my front fence?How high can I build my fence?

If applying for a new fence approval from your local authority, most fence laws and requirements are documented in a local county development plan. Generally, in most states (and many countries),  front fences can be built up to 3′ (0.9m) high.

If the surrounding properties have a higher fence it is safe to assume you can build a fence to the same height.

This measurement is taken from the ground level on the higher side of the fence and therefore, does not include retaining walls. There are some exceptions:

One exception to this rule is where you may live in a development where a developer has placed a covent over the height or style of fencing in order to keep a uniform look to the development, or to protect individual owners views or privacy.

Another exemption can occur where your property boundary is shared with a national park or declared fire hazard where the local council may place a restriction on the fence material used in the construction and/or the height of the fence.

Can I build my boundary fence higher then 6′ (1.8m)?

Privacy is a common cause of dispute between neighbors, but privacy is a 2 way thing! If your neighbor can see you in your kitchen from their lounge room, then you can see them in their lounge from your kitchen!

So What Should I Do?

The first thing is to speak with your neighbor. If you are both in agreement you can provide a privacy screen to the top of the fence, or even increase the fence height. If no other neighbors are effected then you can simply proceed.

What If My Neighbor Objects?

If you cannot gain the approval of your neighbor you can lodge a development application for small projects or speak with your local council representative. A development application will allow the council to assess the fence height request and may or may not approve it depending on individual circumstances.

An easier way is to plant a natural hedge or consider a privacy screen 3′ (900mm) on your side of the fence line.

FENCERS WANTED! *** FENCERS WANTED! *** FENCERS WANTED!

Due to overwhelming demand we require self-employed fencing contractors for all areas! Join our co-op now (only $39.95) and receive a FREE local area webpage and consistent flow of work opportunities! Apply here

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How High Can I Build My Boundary Fence?

If applying for a new fence approval from your local authority, most fence laws and requirements are documented in a local county development plan. In most states (and many countries),  boundary fencing can be built up to 6′ (1.8m) high.

This measurement is taken from the ground level on the higher side of the fence and therefore, does not include retaining walls. There are some exceptions:

One exception to this rule is where you may live in a development where a developer has placed a covent over the height or style of fencing in order to keep a uniform look to the development, or to protect individual owners views or privacy.

Another exemption can occur where your property boundary is shared with a national park or declared fire hazard where the local council may place a restriction on the fence material used in the construction and/or the height of the fence.

Can I build my fence higher then 6′ (1.8m)?

Privacy is a common cause of dispute between neighbors, but privacy is a 2 way thing! If your neighbor can see you in your kitchen from their lounge room, then you can see them in their lounge from your kitchen!

So What Should I Do?

The first thing is to speak with your neighbor. If you are both in agreement you can provide a privacy screen to the top of the fence, or even increase the fence height. If no other neighbors are effected then you can simply proceed.

What If My Neighbor Objects?

If you cannot gain the approval of your neighbor you can lodge a development application for small projects or speak with your local council representative. A development application will allow the council to assess the fence height request and may or may not approve it depending on individual circumstances.

An easier way is to plant a natural hedge or consider a privacy screen 3′ (900mm) on your side of the fence line.

 

FENCERS WANTED! *** FENCERS WANTED! *** FENCERS WANTED!

Due to overwhelming demand we require self-employed fencing contractors for all areas! Join our co-op now (only $39.95) and receive a FREE local area webpage and consistent flow of work opportunities! Apply here

Article by Richard Berckleman Master builder, Real Estate Sales.

 

Improve the sale price of your home!It is true to say that people judge a book by its cover yet when looking for ways to improve the chances of selling your home most people look at internal renovations or upgrading the bathrooms and kitchens. Home owners can often spend a fortune on things that do not improve the street appeal of a home. Whats the point of having a great kitchen if you can’t get the client inside to view it?

If you want to sell your home you need to look at it as a potential client would!

The first thing a purchaser does when seeking out a property is to look at internet or newspaper listings for properties for sale. The first impression a customer gets is from the photographs of the home. They look at the internal photos but the ultimate decider is the3 Tips + 1 Secret to help sell your home! overall appeal of the property.

When a client comes into the office to look for a property, they are searching for specific conditions such as 3 bedrooms, 2 story, garaging etc… but when they inspect the property other things far more important to them come into consideration.

So 3 BIG tips? What Are They?

1. Privacy,

3 Tips + 1 Secret to help sell your home!Privacy is most important. The home may be beautiful inside but if overlooked by surrounding developments the private space of the home is reduced. Maybe the neighbors windows look straight into the home, maybe you feel like you are being watched no matter where you are in the house.

2. Security.

3 Tips + 1 Secret to help sell your home!The home may offer everything you want except you have the feeling of being exposed because the home does not have adequate security. You may feel exposed to the threat of intruders or it may be that your concerns are the security of your children or pets.

3. Street Appeal

3 Tips + 1 Secret to help sell your home!All clients ask to see the street frontage of the property before considering the internal layout. Sure clients want come into the office and ask for a 3 bedroom 2 bathroom home with a garage but when they are considering which homes to view, it’s the street appeal of the property that gets them through the front door.

You can’t sell a home if you can’t get the clients in the door to inspect it!!!

So what would I do? Firstly, adding privacy screens and raising fence heights in selected areas to increase privacy. If overlooked from above it is best to add a pergola or outdoor covered space. If your fences are at a maximum height as allowed by the state fencing codes add a natural hedge plant or wire and vines to increase your privacy. Privacy is the number 1 reason people feel uncomfortable in a new property.

This guide to designing and building your own fencing and gates has all the information you need to make a huge difference to your home and sale values. It even contains links to the local county fence codes and a collection of letters to send your neighbors.

Security is a major issue. Some people can observe and overcome security problems but most clients feel uncomfortable in the property but can’t explain why. If you have young children your major concerns would be their welfare and security. May security issues are raised by lack of privacy so curing privacy issues can go a long way toward making your potential sale successful!

Street appeal is the magic that attracts people to fall in love with a property. It may be character filled heritage homes or super modern developments but in all cases it is the street appeal that Add street appeal and sell your home for more!helps get the clients into your home!

I have driven many clients to view properties and in some cases the client will pass up the opportunity of viewing the home based on their impression from the street! They don’t even leave the car even though the property offers all the required items the customer has requested!

Street appeal is a personal thing. Some homes are just plain ugly and have little appeal. So wh3 Tips + 1 Secret to help sell your home!at is the secret to dramatically improve the street appeal or presentation of your property?

The secret to dramatically changing the street appeal of your property, while at the same time improving or curing privacy and security concerns is to change or install new fencing, screens and gates. Fencing and gates cost considerably less than kitchen or bathroom renovations and will dramatically improve your sale price.

Fencing and gates can improve the street appeal, privacy and security of your property cheaply and quickly. Plus most handymen can build decorative wooden fences and gates themselves and save a fortune!

3 Tips + 1 Secret to help sell your home!For more information view the articles below on fencing, screens and gate improvements for your home, plus links to DIY plans!

Driveway gates are the entrance to your property and a well designed and made feature gate will transform the street appeal of your home and values!

You can change the appearance of your home quickly and economically by changing your fencing and gates!

Modernise your home with horizontal timber slat fencing and screens or renovate your period home with decorative timber picket fencing!

Related articles…

Who pays the cost of replacing my boundary fence?

It’s A Fence – Not A Kitchen!

Compare fence properties – Fire, Wind, Sound, Strength…

What is the fencing material to reduce noise?

How to build a decorative wood awning

How to build a decorative wood carport

How to build a decorative wood pergola

How to build a decorative wood pergola in 1 weekend!

How to build a decorative wood arbor

How to build a decorative wood garden bridge

How to build a decorative wood gazebo

How to build a decorative wood privacy screens

750 Fence & Gate Designs – The Ultimate Guide To Fencing!

Do I need a survey for my new fence?Does my fence have to be exactly on my boundary?

In simple, the answer is NO. Sometimes it is not possible to place a fence on the exact boundary. Such an example would be where a cliff face separates the two properties. You need to provide a fence at the top of the cliff regardless of whether that is on the boundary or not. View www.alldayfencing.com/adfcouncil.php for more information.

If the fence is not on the boundary, who owns it?

As discussed above a fence does not have to be located exactly on the boundary, however the fence is still a boundary fence and is accepted by both neighbors as the boundary of their properties. Therefore if the fence required replacement both neighbors still equally share the cost of replacing a similar fence.

Should I have a survey done for my new fence?Do I need a survey for my new fence?

For the reason above it is not required that the fenceline be surveyed if both neighbors are in agreement as to the location. If your home has just been built and no fences currently exist a survey is recommended and may be part of the development/building application. If you are constructing a concrete, stone or brick fence this must be approved by your local county office prior to construction.

I want to build a brick fence and my neighbor wants a less expensive timber fence. What can I do and who should pay?

If you prefer a more expensive fencing, unless your neighbor is in agreement,  they are only liable for half the cost of replacing a similar fence. You would have to pay the difference.

How should I approach my fencing repairs when my neighbor is a apartment block / commercial building?Do I need a survey for my new fence?

For dealings with property managers or private companies it is crucial that they are informed prior during and after the course of the job. The most appropriate method is to send written correspondance prior to proceeding with any works. Your letter should state your intentions and their responsibilities regarding access and payment. Download our collection of ‘Letters To Serve Your Neighbors RE: FENCING’. Cut and paste the required letters and send as needed. Letters to serve your neighbors includes legal advice for the correct follow up proceedure to ensure you are reimbursed the costs you are owed and avoid costly neighbor disputes.

 

FENCERS WANTED! *** FENCERS WANTED! *** FENCERS WANTED!

Due to overwhelming demand we require self employed fencing contractors for all areas! Join our co-op now (only $39.95) and receive a FREE local area webpage and consistent flow of work opportunities! Apply here

My fence is not located on the boundary, who owns it?Does my fence have to be exactly on my boundary?

In simple, the answer is NO. Sometimes it is not possible to place a fence on the exact boundary. Such an example would be where a cliff face separates the two properties. You need to provide a fence at the top of the cliff regardless of whether that is on the boundary or not. View www.alldayfencing.com/adfcouncil.php for more information.

If the fence is not on the boundary, who owns it?

As discussed above a fence does not have to be located exactly on the boundary, however the fence is still a boundary fence and is accepted by both neighbors as the boundary of their properties. Therefore if the fence required replacement both neighbors still equally share the cost of replacing a similar fence.

Should I have a survey done for my new fence?

For the reason above it is not required that the fenceline be surveyed if both neighbors are in agreement as to the location. If your home has just been built and no fences currently exist a survey is recommended and may be part of the development/building application. If you are constructing a concrete, stone or brick fence this must be approved by your local county office prior to construction.

I want to build a brick fence and my neighbor wants a less expensive timber fence. What can I do and who should pay?

If you prefer a more expensive fencing, unless your neighbor is in agreement,  they are only liable for half the cost of replacing a similar fence. You would have to pay the difference.

How should I approach my fencing repairs when my neighbor is a apartment block / commercial building?

For dealings with property managers or private companies it is crucial that they are informed prior during and after the course of the job. The most appropriate method is to send written correspondance prior to proceeding with any works. Your letter should state your intentions and their responsibilities regarding access and payment. Download our collection of ‘Letters To Serve Your Neighbors RE: FENCING’. Cut and paste the required letters and send as needed. Letters to serve your neighbors includes legal advice for the correct follow up proceedure to ensure you are reimbursed the costs you are owed and avoid costly neighbor disputes.

 

FENCERS WANTED! *** FENCERS WANTED! *** FENCERS WANTED!

Due to overwhelming demand we require self-employed fencing contractors for all areas! Join our co-op now (only $39.95) and receive a FREE local area webpage and consistent flow of work opportunities! Apply here

Frequently Asked Questions…All Day Fencing, Gates & Automation

My neighbors fence is located on my property by 1.5′ at one end and 1′ at the other. What can I do to reclaim the land that is mine?

If the fence is wood or a light structure (not solid concrete, stone or brick) and does not have engineered footings, you can pay to move the fence at your expense. Cut the posts above ground level and add new steel posts extending 2′ into the ground.

If the fence requires replacing, both neighbors are liable to share the expenses 50/50 and the new fence can be located directly on the boundary. If you are on speaking terms with your neighbor then all you need is an agreement. If your neighbor is not on speaking terms, the house is tenanted or your neighbor is a commercial business send them a letter stating your intentions and their responsibilities. Example Letters.

If your fence is a solid masonry structure please contact your local county office for assistance.

 Does my fence have to be exactly on my boundary?My neighbors fence is on my property!

In simple, the answer is NO. Sometimes it is not possible to place a fence on the exact boundary. Such an example would be where a cliff face separates the two properties. You need to provide a fence at the top of the cliff regardless of whether that is on the boundary or not. View www.alldayfencing.com/adfcouncil.php for more information.

If the fence is not on the boundary, who owns it?

As discussed above a fence does not have to be located exactly on the boundary, however the fence is still a boundary fence and is accepted by both neighbors as the boundary of their properties. Therefore if the fence required replacement both neighbors still equally share the cost of replacing a similar fence.

Should I have a survey done for my new fence?My neighbors fence is on my property!

For the reason above it is not required that the fence line be surveyed if both neighbors are in agreement as to the location. If your home has just been built and no fences currently exist a survey is recommended and may be part of the development/building application. If you are constructing a concrete, stone or brick fence this must be approved by your local county office prior to construction.

I want to build a brick fence and my neighbor wants a less expensive timber fence. What can I do and who should pay?

If you prefer a more expensive fencing, unless your neighbor is in agreement,  they are only liable for half the cost of replacing a similar fence. You would have to pay the difference.

How should I approach my fencing repairs when my neighbor is an apartment block / commercial building?

My neighbors fence is on my property!For dealings with property managers or private companies it is crucial that they are informed prior during and after the course of the job. The most appropriate method is to send written correspondence prior to proceeding with any works. Your letter should state your intentions and their responsibilities regarding access and payment. Download our collection of ‘Letters To Serve Your Neighbors RE: FENCING’. Cut and paste the required letters and send as needed. Letters to serve your neighbors includes legal advice for the correct follow-up procedure to ensure you are reimbursed the costs you are owed and avoid costly neighbor disputes.

 

FENCERS WANTED! *** FENCERS WANTED! *** FENCERS WANTED!

Due to overwhelming demand we require self-employed fencing contractors for all areas! Join our co-op now (only $39.95) and receive a FREE local area webpage and consistent flow of work opportunities! Apply here

 

All States and Counties:  AL, AK, AS, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY.

Sound Absorbant FencingWhat is the best fencing material to reduce noise?

Noise reduction fencing stylesTodays most common cause of neighbourhood disputes stem from inappropriate sound, (noise). The most efficient material to reduce sound levels will depend upon the frequency of the sounds.

A common misunderstanding is that the more solid the fence the more sound it will stop. Sound waves vary in length, the higher the note the shorter the wavelength of that note, or, the lower the note, the longer the wavelength.

To best way to reduce sound levels is by using a mixture of materials in the design allowing for the absorption and reflection of all of the sound waves. A solid brick fence or similar will reflect high frequency sounds but transmits low-frequency sounds.

Sound absorbing fence materialsA fence made of natural planting combined with a brick, stone or block fence will absorb and reflect the broadest range of frequencies.

Naturally the higher the fence the better. A lot of sounds pass over the top of the fence. For this reason the higher the fence the better the sound resistance.

Brick walls reflect many frequencies, so if your home and fencing is constructed from brick you may have  a lot of reflective noise (echo) contained within the walls. The best way to combat this problem is with the planting of dense shrubs within the fencing, between your home and the fence.

All Day Fencing - visit our website!Wood fencing is a better sound absorption material than brick for middle range frequencies. View our website for more information: www.alldayfencing.com.

 

FENCERS WANTED! *** FENCERS WANTED! *** FENCERS WANTED!

Due to overwhelming demand we require self-employed fencing contractors for all areas! Join our co-op now (only $39.95) and receive a FREE local area webpage and consistent flow of work opportunities! Apply here

Question: Do I have to pay for half the cost of my neighbors new fence?…

All Day Fencing - Fencing Gates & Automation    Answer: This depends on the fence.

If your exisiting fence is in disrepair and requires replacement, you are liable for half the cost of the fence work if you are replacing the fence with a similar fence. more information

Dividing Fence CodesIf however your neighbor wants to replace the fence with a more expensive fence, you are only liable for half the cost of replacing the fence you have with a similar one.

You are not required to pay for fencing if it is not in need of replacement unless you have an agreement with your neighbor.Do I have to pay for my neighbors fence?

Some blocks of land may have their own positive building covenants which require the erection of quite specific fencing.  This might occur in a new estate where the developer is trying to achieve a consistent look to the overall design.Who pays for boundary fencing?

Most commonly, a covenant in relation to fencing will be one put on by the developer, stating that the owner can’t ask the developer to contribute to the cost. The general rule with dividing fences is that the neighbors split the cost 50/50.  If both neighbors can agree on the location, style and cost, then they can simply proceed.  It is, however, desirable to record the agreement in writing. 

Download “Letters To Serve Your Neighbors RE: FENCING” and cut and paste the letters you require to notify your neighbors of your intentions and their responsibilities in regard to your boundary fencing.

Question: My land is located next to a park. The boundary fence between my house and the park is falling apart and I want to replace it with a new wood fence. How do I get the County Office to pay for their half?

All Day Fencing - visit our website!Answer: According to the Dividing Fences ACT, State land is exempt from contributions towards fencing. Even if the fence was originally built by the state government any fence that borders public land is wholly the owners responsibility.

Normal fencing codes apply to the height and style of fencing. If you are replacing a fence with a similar one no approval is required. If you are raising the height or changing the style of your fence you need to seek local county approval.All Day Fencing - visit our website

The Dividing Fences ACT

Does the Dividing Fences Act apply to everyone?

No. The Act does not bind the Crown, so where the adjoining land is owned by the Commonwealth, state or a local government and is used for public purposes (for example, All Day Fencing - Automatic driveway gatesroads parks or government offices) the local government or state government department is not required to contribute to the costs of erecting or maintaining a dividing fence.

All Day Fencing - Agencies AvailableThe Act does not interfere with agreements, contracts or covenants relating to dividing fences between owners of adjoining land. It may be worth checking your Certificate of Title or with the Department of Land Information to enquire whether there are any covenants relating to dividing fences between you and adjoining landowners. Any agreement, contract or covenant relating to dividing fences overrides the Act. View more information at: www.alldayfencing.com/adfcouncil.php.

To view the different fence styles available please visit: www.alldayfencing.com.

All Day fencing - visit our website for more information on fencing, gates and regulations

Does my fence have to be on the boundary?

F.A.Q’s

Frequently Asked Questions

 Does my fence have to be exactly on my boundary?

In simple, the answer is NO. Sometimes it is not possible to place a fence on the exact boundary. Such an example would be where a cliff face separates the two properties. You need to provide a fence at the top of the cliff regardless of whether that is on the boundary or not. View www.alldayfencing.com/adfcouncil.php for more information.

If the fence is not on the boundary, who owns it?

As discussed above a fence does not have to be located exactly on the boundary, however the fence is still a boundary fence and is accepted by both neighbors as the boundary of their properties. Therefore if the fence required replacement both neighbors still equally share the cost of replacing a similar fence.

Should I have a survey done for my new fence?

For the reason above it is not required that the fenceline be surveyed if both neighbors are in agreement as to the location. If your home has just been built and no fences currently exist a survey is recommended and may be part of the development/building application. If you are constructing a concrete, stone or brick fence this must be approved by your local county office prior to construction.

I want to build a brick fence and my neighbor wants a less expensive timber fence. What can I do and who should pay?

If you prefer a more expensive fencing, unless your neighbor is in agreement,  they are only liable for half the cost of replacing a similar fence. You would have to pay the difference.

How should I approach my fencing repairs when my neighbor is a apartment block / commercial building?

For dealings with property managers or private companies it is crucial that they are informed prior during and after the course of the job. The most appropriate method is to send written correspondance prior to proceeding with any works. Your letter should state your intentions and their responsibilities regarding access and payment. Download our collection of ‘Letters To Serve Your Neighbors RE: FENCING’. Cut and paste the required letters and send as needed. Letters to serve your neighbors includes legal advice for the correct follow up proceedure to ensure you are reimbursed the costs you are owed and avoid costly neighbor disputes.

“My neighbors tree is damaging my fence. The roots have grown under the fence and have pushed the fence over. The branches of the tree have grown against the back of the fence and I can’t have the fence repaired without the neighbor removing or trimming the tree first. I am not on speaking terms with my neighbor but I do not want to cause a problem.”

Answer:
All Day Fencing - visit our website

Trees and their location can often cause much disagreement between neighbors. Problems such as overshadowing, privacy, damage from roots or falling branches can cause issues between neighbors.

                Tree disputes and fencing     Tree damages fence     Tree shadows my backyard   

For more info visit www.alldayfencing.com/adfcouncil.php#trees

Where both neighbors agree to rectification of the problem and an agreement on costs can be reached there is no problem.

Sometimes where a tree is located on the boundary, both owners are equally responsible for the tree and any damage it may cause.

If a tree planted by your neighbor has grown and now threatens to damage property or fencing, you must write to your neighbor informing them of the situation, and request the tree be removed and replaced with a smaller more suitable tree.

If your neighbors trees have grown and are now blocking or threatening your views you should first speak with your neighbors and see if you can reach an agreement on height. The plant would then be trimmed and maintained to this height by the owners of the trees. If no agreement can be reached your best action will be through your local government office.

In the event your property is shared with an owners corporation, managing agents, apartments, villas, townhouses or commercial structures, it is best to advise the registered owners in writing, of the works or rectification work required and any costs involved. If you are not on speaking terms with your neighbor, or the home is tenanted, a well drafted letter informing them of your intentions should be sent to the owners registered address prior to any works.

If your neighbors tree branches overhang your yard you have the rights to trim the branches (at the boundary fence line). The branches belong to the owner of the tree. Place the branches in the owners yard for them to dispose of. It is advisable to speak to your neighbor first stating your intentions. Failing this you can send them a well drafted letter stating your intentions and their responsibilities.

If you have suffered property or fence damage caused from a tree, or a falling tree, a property insurance claim should be lodged by the owner of the tree. Before removing any trees always check with your local government for approval prior to any work.

To help with your negotiations we have drafted a collection of ‘Letters To Serve Your Neighbors RE: TREES’. Print the letters you require for notification, costs and works completed to avoid expensive and stressful neighbor disputes.

If your fence requires replacement you need to send a letter to your neighbor notifying them of your intentions, their responsibilities in regards to access and payment of their share. 

To help with your negotiations we have drafted a collection of ‘Letters To Serve Your Neighbors RE: FENCING’. Print the letters you require for notification, costs and works completed and claim your share of the cost from your neighbor.

For more info visit www.alldayfencing.com/adfcouncil.php#trees

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


How high can I build my fence?How high can I build my fence?How high can I build my fencing?

After careful research it seems the height of the fence is limited to 6′ (1.8m). This applies to the side fencing behind the building line and the rear fence. The height of 1.8m is taken from the side of the fence that has the higher ground level.   

The side fence in front of the building line, and the front fence is limited to 4′ (1.2m) in most cases. Some areas have existing fences that exceed these measurements. In this case it is reasonable to assume that you would be allowed to build a fence to the same height as your neighbors, or what is most common in your street.

How high can I build my fence?For side and rear fences various privacy concerns may come into play. If you have a problem with the fence not offering sufficient privacy from neighboring windows you may wish to build your fence higher than 6′. In most cases you can speak to your neighbor and agree on a higher fence to protect the privacy of both parties. Privacy is a two way concern, if you find you have a privacy problem, your neighbor probably feels the same.

If in the event that you cannot agree with your neighbour regarding the fence height the simplest solution is to plant a natural fence or privacy screen using hedging plants. You can also ecourage the growth on top of the fence with trellis or wire supports.

Replacing an existing fence. You do not need to seek prior approval from the local council to replace a fence of the same size and built using similar materials. If you wish to replace a fence with a higher structure you should seek advice from your local council.

View various fence designs and privacy screens here.. www.alldayfencing.com/adfslat.php

Some counties do not allow fencing in front of the building line. This is designed to protect open areas. Please check with your local county authority before proceeding. Check on the guidelines for your local county here… www.alldayfencing.com/adfcouncil.php.

All Day Fencing - visit our websiteTree disputes and fencingAre your neighbors trees growing and reducing the amount of light entering your yard? Are the trees starting to take your view? What can you do?

Trees and their location can often cause much disagreement between neighbors. Problems such as overshadowing, privacy,  damage from roots or falling branches can cause issues between neighbors. Where both neighbors agree to retification of the problem and an agreement on costs Tree damages fencecan be reached there is no problem.

Sometimes where a tree is located on the boundary, both owners are equally responsible for the tree and any damage it may cause.

If a tree planted by your neighbor has grown and now threatens to damage property or fencing, you must write to your neighbor informing them of the situation, and request the tree be removed and replaced with a smaller more suitable tree.

Tree shadows my backyardIf your neighbors trees have grown and are now blocking or threatening your views you should first speak with your neighbors and see if you can reach an agreement on height. The plant would then be trimmed and maintained to this height by the owners of the trees. If no agreement can be reached your best action will be through your local government office.

In the event your property is shared with an owners coorporation, managing agents, apartments, villas, townhouses or commercial structures, it is best to advise the registered owners in writing, of the works or rectification work required and any costs involved. If you are not on speaking terms with your neighbor, or the home is tenanted, a well drafted letter informing them of your intentions should be sent to the owners registered address prior to any works.

If your neighbors tree branches overhang your yard you have the rights to trim the branches (at the boundary fence line). The branches belong to the owner of the tree. Place the branches in the owners yard for them to dispose of. It is advisable to speak to your neighbor first stating your intentions. Failing this you can send them a well drafted letter stating your intentions and their responsibilities.

If you have suffered property or fence damage caused from a tree, or a falling tree, a property insurance claim should be lodged by the owner of the tree. Before removing any trees always check with your local government for approval prior to any work.

To help with your negotiations we have drafted a collection of ‘Letters To Serve Your Neighbors RE: TREES’. Print the letters you require for notification, costs and works completed to avoid expensive and stressful neighbor disputes.

For more info visit www.alldayfencing.com/adfcouncil.php#trees

Avoid Neighbor Disputes with these carefully written letters you can download and print.

Avoid Neighbor Disputes!

The answer is Yes.

The question of fences is, surprisingly, such an important one that it warrants its own legislation,

The Dividing Fences Act

Some blocks of land may have their own positive building covenants which require the erection of quite specific fencing. This might occur in a new estate where the developer is trying to achieve a consistent look to the overall design.

Most commonly, a covenant in relation to fencing will be one put on by the developer, stating that the owner can’t ask the developer to contribute to the cost.

Cut and paste the letters you require, print and send!

Cut and paste the letters you require, print and send!

The general rule with dividing fences is that the neighbors split the cost 50/50. If both neighbors can agree on the location, style and cost, then they can simply proceed. It is, however, desirable to record the agreement in writing. 

So, if you are required to have a fence what type of fence is sufficient?

 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.

Local County Fence Controls

Local County Fence Controls

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.

Neighbor disputes over fencing are common. Most stem from poor communication between the neighbors. It is highly advised that the neighbors are informed of every step and where possible have some input into the design, height required or materials used.

The best way to avoid fencing and neighbor disputes is to send a carefully written letter to your neighbor informing them of your intentions and their responsibilities.

You can download a set of Legal letters drafted especially for you to send to your neighbors from the All Day Fencing website: www.alldayfencing.com.

Letters To Serve Your Neighbors! – just cut and paste the required letters to your computer and send as needed!