Who Owns Fencing Between Properties?

When homeowners share a Fence, it is generally because they own adjoining lots and Fencing is one of the most prominent attributes of boundaries that feature prominently in any talk concerning rights about adjoining land. Agreement with your neighbour can help prevent boundary disputes between adjoining owners of buildings.

What is Property Fencing?

Fencing is a method of privacy. Fences had been in use since the earliest agricultural societies and were for virtually any imaginable purpose. Fences are among the most common features of property lines featuring prominently in any discussion involving boundaries, especially those which relate to rights over adjoining land.

When you purchase your house, carport or fence along with it? This question could be answered differently by different people according to their knowledge about fencing laws. Fencing can be constructed at one’s own cost or by co-sharing the bill equally between the two owners/adjoining properties depending on each situation.

Fencing works have been in existence since the beginning of civilization and Fencing is among the most common attributes of boundaries that feature prominently in any talk concerning rights about adjoining land.

Which Side of a Dividing Fence do You Own According to Australia Property Laws?

When a fence is shared by neighbouring properties, the rules about who is responsible for fencing vary depending on where you live. Usually, each adjoining owner pays for half of the fence and the fencing is erected equally along both boundaries between two properties. Independent professional advice can be gotten if your building is a commercial building. In other cases such as residential buildings, the owner’s permission can be gotten without going through a legal process.

If a real estate agent is in charge of your property the fencing matter, the legal cost, neighbourhood disputes would most likely not involve you if it is not your personal property.

How to Divide Bills When Purchasing With a Co-owner Dividing Fences Building?

There are different laws in Australia according to which side of the fence belongs to whom. Which side of the fence do you own according to Australia Property laws?

Which property should own a fence, should the fence bill be shared between properties or does one side of the fence pay the full amount depends on the individual situation and law of each country regarding fencing rights?

Information You can Find in the Fencing Act

  • Fence dispute laws
  • Laws in fencing notice
  • Rules regarding existing fence if changes are to be made
  • Guidelines for higher fence construction
  • Type of fence accepted in different areas.
  • New fence construction details
  • Neighbouring property spacing in relation to fence location. etc.

Which Law is Used to Divide Costs Between Neighbours When Purchasing Together?

Property owners can learn more about Australia’s different laws regarding fencing by contacting their local municipality. Which law applies to dividing costs between homeowners when they purchase together? There are different laws in Australia according to which side of the boundary belongs to whom.

Fences have been in existence since the beginning of civilization and Fencing is among the most common attributes of boundaries that feature prominently in any talk concerning rights about adjoining land.

The best way to plan for this is to understand what you need from your fence as well as knowing what types of fencing are available.” Which side of the fence do you own according to Australia Property laws? When homeowners share a Fence, it is generally because they own adjoining lots.

Which Property Should Own a Fence?

It can be constructed at one’s own cost or by co-sharing the bill equally between two properties depending on each situation.

Can My Neighbour Remove the Fence Between Our Properties?

No, owners should not remove a Fence without first discussing the matter with their neighbour as it could come across as an act of trespassing.

Property owners can learn more about Australia’s different laws regarding fencing by contacting their local municipality. The property owners would have to consult with neighbours before removing Fences from the common boundary line. Issues that might arise such as paying half of the fence cost are covered in the fence act.

fencing notice either written notice or otherwise stated will usually be served before a fence is removed.

Even in peculiar cases of urgent fencing work, a notice has to be served.

Fencing Contractor, Fence Removal and Legal Implications;

It is better to speak with a professional Fencing company first and understand your options before taking any action which might affect both properties negatively. Property rights should be respected among adjoining neighbours and removing a fence without approval from another owner can cause legal issues in future.”

Property owners should contact their lawyer first before making any decision about removing or adding a fence on common boundaries to avoid legal issues.

Steps Involved in Fence Construction

New Fences can be built at a higher cost as compared to reconstructing an old one. Property owners should contact their lawyer first before making any decision about removing or adding a fence on common boundaries to avoid legal issues.

Property rights need to be respected among adjoining neighbours and removing a fence without approval from another owner could lead to legal issues.

There may be instances in which one’s Property has encroached onto another Property, in such cases the encroaching Property can be directed to remove their Fence by a court order.

In some cases when the Property owner wants to add or change the Fence, he might need permission from other Property owners in case of a Fence dividing a plot boundary line.

fencing between properties
Outdoor Fencing

How to Avoid Fencing Dispute?

  • Ensure you get legal advice regarding your property
  • In cases where neighbours disagree about fencing; the case can be taken before an administrative tribunal.
  • Neighbouring properties should be clearly marked before fence construction.
  • The impact of an existing retaining wall should be discussed before construction begins.
  • Neighbouring land should be properly marked before a new dividing fence is constructed.

The type of fence should be discussed to avoid disputes. e.g., a brick wall fence owner in an area with a wooden or timber fence has an obligation to inform the neighbouring property owner.

Know Your Rights When You Have a Fence War with Your Neighbours

A property owner would have to consult with a neighbour before removing a current fence from the common boundary line.

Property owners should discuss and find a solution if their neighbour wants to remove the fence between two properties.

Property owners should contact the Property management company before removing the fence between two properties.

There may be instances in which one’s Property has encroached onto another Property, in such cases the encroaching Property can be directed to remove their Fence by a court order.

In some cases when the Property owner wants to add or change the Fence, he might need permission from other Property owners in case of a Fence dividing a plot boundary line to avoid fencing disputes.

Cost of Building a Fence After Constructing a Retaining Wall

Building a fence costs approximately $5,000.00 to build an average size fence.

Price can vary depending on the type of fencing used and other factors. The price for fence construction is approximated & higher grades may cost more depending on the nature of your project.

The price for installation is usually around 20% of the material cost plus the time involved in measuring and cutting wood boards, panels etc., it varies depending on the length and number of gates needed as well as the accessibility to the site.

In most states, a sufficient fence cannot exceed 2 metres in height. If your construction requires a fence higher than 2 metres, the cost of construction would increase.

Conclusion

If your property has more than one neighbour, and your proposed dividing fence will affect the other properties. You need to discuss any proposed fencing plans and acquire your neighbour’s permission or the permission of the adjoining property owner before construction to avoid.

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