BFL Team

In the event of a fencing dispute, you cannot resolve by mutual agreement, Lees-Givney can advise you. Every effort is made to find out-of-court solutions to ensure a quick and inexpensive outcome. Contact Lees and Givney today if you are dealing with a fencing dispute. Lees-Givney can help you in this process if a neighbor does not stagnate within one month of termination to do fencing work. In most cases, an application for fencing orders can be filed with the NSW Civil and Administrative Tribunal (NCAT) or the District Court. This is where it will be decided whether the fence should actually be built, how the necessary location is needed and how the costs should be distributed. In New South Wales, the Dividing Fences Act 1991 (DFA) provides rules on who will pay for fencing activities, rules for announcing proposed work, and action to be taken in the event of no agreement in such cases. Fencing agreements should preferably be reduced to the letter. A neighbour who goes ahead and builds a fence without consulting beforehand and agreeing with the other neighbour would not be able to recover half of the costs in court. If it is necessary to argue over the fence standard, a neighbour must give the other a fencing message The Separation Barrier Act provides in Section 9 that if a fence has been damaged or destroyed and, in the current circumstances, urgent fencing work is required, restoration work may be carried out without the need to notify notices in accordance with Section 11 of the Act. Remember that a separation barrier can be a hedge. Before cutting or pruning to avoid litigation, talk to your neighbour or receive written advice from landscapers before doing any work.

If the hedge causes damage, there may be no question of cutting parts of the hedge. You can cut or cut blankets only on your side of the fence. However, if it is cut or cut to destroy the hedge or fence, you may be liable for damage and repair and legal costs. There is no simple rule like cutting or cutting a tree. If you do not reach an agreement, you may be able to apply under the Trees (Disputes) between Neighbours Act 2006 (NSW)). Note that other legislation comes into play, such as the Limitation Act 1969, Land – Environment Court Act 1979, Civil Procedures Act 2005; Single Civil Procedure Code 2005; Land – Environment Court Rules 2007. When built at a common border, a separation fence is held equally by adjacent neighbours and common responsibility is a must, but this is not always the case. Under the act, a separation fence is a common property, so consultation is required before making adjustments, unless there are court orders or other agreements. If discussions are mishanded, disputes can quickly escalate. Lees-Givney can provide direction before a fencing dispute slips. A fencing dispute may arise if neighbours are unable to agree on the details of the construction or maintenance of a fence or on modifications deemed necessary.

More often than not, discrepancies differ in severity, but they usually occur with respect to: Don`t build the fence. If you do, the Divisional Fences Act will not cover you. If you do not reach an agreement, one of the parties may apply for a closure application through the appropriate legal channels. If you want to change the fence, the first step is to talk to your neighbor.