Do I have to have a fence if I don’t want one? Neighbor dispute!

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!

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

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!

 

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