A dividing fence (usually) defines the common boundary between neighbouring properties.
Sometimes disagreements can arise about a dividing fence, or proposed dividing fence. For example, the fence may be in need of repair, or you (or your neighbour) simply want a new, higher fence constructed out of something entirely different to the original fence.
The Dividing Fences Act 1991 applies where one neighbour wants the other neighbour to contribute to the costs of constructing, replacing, repairing or maintaining a dividing fence. It covers issues such as cost-sharing, location & standards of dividing fences, and sets out procedures for carrying out the work.
If you can’t come to an agreement on the fencing work required, you can apply to NSW Civil & Administrative Tribunal (NCAT) to make orders and resolve the dispute.
Whether you are seeking your neighbour’s assistance, or applying to NCAT for orders, there are specific steps that must be taken.
Call Castrikum Adams Legal and make sure you get it right, first time!