What does it mean to have a dividing fence?

What does it mean to have a dividing fence?

What is a dividing fence? A dividing fence separates the land of different owners whether the fence is on the common boundary of adjoining lands or on a line other than the common boundary. A dividing fence does not include a retaining wall.

Who is responsible for dividing fences in WA?

Dividing fences are governed by the Dividing Fences Act 1961 (WA) and local government by-laws. These fences are the responsibility of the property owners, so if you rent, you need to talk to your landlord about any problems with your fence.

Can a picket fence be repaired under the dividing fence Act?

If the new fence is the same type as the old one (for example, a picket fence replacing a picket fence) it’s considered a repair under the Dividing Fences Act 1961 (WA). This means that both property owners pay half the cost each and you should follow the procedures for repairs the Act sets out.

Can a fence be built on a common boundary line?

If it is built on the common boundary line, a dividing fence is owned equally by the adjoining neighbours. However, a fence, or part of a fence, built on one neighbour’s land is owned by that neighbour, even if the other neighbour helped pay for the fence. You should be careful to build your fence on the boundary if you are paying half the cost.

What can I do if my neighbour wants to divide my fence?

If a neighbour attaches things like carports, clotheslines or a shade sails without your permission, you can apply to QCAT for an order to restore the fence. What if my neighbour wants a dividing fence that exceeds requirements? Do I have to pay more? No.

What is the law on dividing fences in NSW?

Both the NSW Civil and Administrative Tribunal and the Land and Environment Court commonly hear matters regarding dividing fence disputes between neighbours. The applicable legislation which regulates this neighbourly relationship is the Dividing Fences Act 1991 (NSW) (“the Act”). The main provisions of the legislation are:

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