What is the maximum height of a dividing fence?
What is the maximum height of a dividing fence?
1.8m
FENCE HEIGHT REGULATIONS NEW SOUTH WALES – As a general rule, a residential fence should not exceed 1.8m in height.
How can you tell who owns a boundary fence?
The conveyance deed (or the transfer deed) may express in words the boundaries for which the owner of the property is responsible….Replacement fence leads to confusion
- the position of the boundary;
- the position of the fence;
- the responsibility for maintenance of the boundary;
- the ownership of the fence.
Does your Neighbour have to pay for half a fence NSW?
You should talk to your neighbour and see if you can agree on the type of fence you both want. Your neighbour will only have to pay half the costs of a ‘sufficient dividing fence’.
Who is responsible for a dividing fence?
The owner of the fence is usually responsible for maintaining the fence. However, this is not always the case. The owner may wish to have the side without the posts – the best side – facing their garden and erect the fence and the posts entirely within their own garden.
What is a standard dividing fence?
Under the Act, a dividing fence is a fence separating the land of adjoining owners whether or not it is on the common boundary. It can be a structure, ditch, embankment, hedge or similar vegetative barrier and includes: any gate, cattlegrid or apparatus necessary for the operation of the fence.
Can a Neighbour move a boundary fence?
Your neighbour doesn’t have to change a wall or fence just because you want them to, for example making it higher for privacy. You can’t make changes to your side without their permission, such as painting it. If the wall or fence seems dangerous, point this out because your neighbour might not be aware.
What constitutes a dividing fence?
A dividing fence is a fence that divides two properties. It usually lies on the common boundary of adjoining pieces of land, though it can lie mainly or wholly in one property.
Is a dividing fence agreement binding on subsequent owners?
An agreement between neighbours regarding a dividing fence or an order made under the Dividing Fences Act 1991 will not be binding on subsequent owners, should one of the properties be sold. Jeff and John discussed replacing their dividing fence for a long time and finally came to a casual agreement.
Are there any restrictions on the style of dividing fence?
Restrictions concerning the style of dividing fence may operate in your local area because of council policies, heritage protection or restrictive covenants (e.g. a subdivision may have an agreement that all fences be of a particular type). Also some fences may need council approval.
Is there an obligation to perform fencing work under common law?
No obligation to perform fencing work arises or is taken to arise by prescription or implication under the common law. (1) An adjoining owner may require the other adjoining owner to contribute, under this Act, to the carrying out of fencing work by serving a notice in writing to that effect on the other owner.
Who is liable for the repair of a dividing fence?
Where the dividing fence needs rebuilding or repairing because of negligent or deliberate damage caused by an adjoining owner (or by a person entering the land with their permission) that owner is liable for the entire cost of restoring it to a reasonable standard.
