What is a sufficient dividing fence?

Basic Principle. The Dividing Fences Act 1991 (NSW) 1 provides that adjoining owners are required to share equally the cost of a “sufficient dividing fence”. If there is a dispute about the standard of fencing, one neighbour must give the other a fencing notice and disputes are heard in the local court.

Who owns the dividing fence?

The transfer or conveyance deed might state who owns it, but if it’s not in writing, then look out for any T-mark to the boundaries. The stalk of the ‘T’ will sit on the boundary and come out into your garden or property, which means that fence is your responsibility.

Who owns the dividing fence NSW?

In NSW, if you and your neighbour are both owner-occupiers, you share equal responsibility for the dividing fence on your land.

Can my Neighbour remove fence between our properties?

If it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence. If, however, you are the fence owner, then nobody aside from yourself has the right to do anything whatsoever to your fence without your permission.

What can I do if my Neighbour won’t repair his fence?

If the fence is in such a state that it presents a danger and the neighbour refuses to make any repairs, you can report the problem to your local council. The council can take enforcement action to force the neighbour to put matters right, but this is a time-consuming process that can take months or even years.

What can I do if my Neighbours building work damaged my property?

Start by talking to your neighbour and asking them to check if their insurance will cover the damage. They will need to lodge a claim with their insurance provider. If you’re submitting a claim to your neighbour’s home insurance provider, you’ll need to prove that the damage was, in fact, their fault.

When did the dividing fence Act come into effect?

The Dividing Fences Act 1991 applies where a landowner wants an adjoining owner to contribute to the costs of constructing, replacing, repairing or maintaining a dividing fence.

What are the rules for dividing fences in NSW?

Boundary Fence Rules NSW. According to the act, “a dividing fence is a fence separating the land of adjoining owners whether or not it is on the common boundary”. If your fence requires urgent work, where a fence has been damaged or destroyed, each adjoining owner is liable for half of the cost.

Who is liable under the dividing fence Act?

The act states that: “An adjoining owner is liable, in respect of adjoining lands where there is no sufficient dividing fence, to contribute to the carrying out of fencing work that results or would result in the provision of a dividing fence of a standard not greater than the standard for a sufficient dividing fence.”

What do you need to know about dividing fence?

To avoid any trouble, you should decide on the following factors with your neighbour and both parties should sign a written agreement. According to the act, “a dividing fence is a fence separating the land of adjoining owners whether or not it is on the common boundary”.