Do you need a new boundary fence, but your neighbour won’t agree to contribute to the cost? We can help you.
The Diving Fences Act 1991 (NSW) (the Act) provides that an adjoining owner is liable to equally contribute to the carrying out of fencing work for the provision of a sufficient dividing fence between adjoining land.
A land owner may require an adjoining land owner to contribute to the carrying out of fencing work by serving a notice in writing to that effect on the adjoining owner, in accordance with the Act.
Adjoining owners may attend a Community Justice Centre in an attempt to reach an agreement concerning the carrying out of fencing work, including the contributions to be made in respect of the work.
If adjoining owners do not agree (within 1 month after one of them has served a notice under section 11 of the Act) as to the fencing work to be carried out, either owner may apply to the Local Court or the Civil and Administrative Tribunal for an order determining the manner in which the fencing work (if any) is to be carried out.
The Land & Environment Court also has jurisdiction to determine applications under the Dividing Fences Act if the application is also relevant to a tree dispute under the Trees (Disputes between Neighbours) Act 2006 (NSW).
We have experience in resolving boundary fence disputes between neighbours. Please contact us if you require any assistance in this regard.
Amanda Johnstone
Partner
Connor & Co Lawyers
About Connor & Co Lawyers
We are a Law firm located at Level 5, 50 Margaret Street Sydney NSW 2000 specialising in Business law, Banking & Finance, Dispute Resolution, Litigation and Environment & Planning matters.
Email: contact@connorco.com.cau
Website: www.connorco.com.au
Phone: 0292996696