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Know Your Rights to Resolve Fence Dispute with Your Neighbour

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how to deal with common neighbour disputes
Know Your Rights to Resolve Fence Dispute with Your Neighbour
By admin November 28, 2022
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Every day, We face too many problems at work. After a day-long hectic work schedule, we would like to relax at home. But imagine you will be back from work and your Neighbour starts scolding you. This incident makes you upset or stressed.

 

Fencing dispute is the most common construction dispute among all. Fences are installed all around Australia under the governance authority surveillance. An Individual household is not allowed to replace the fence whenever he/she wants. All households should know their rights to save themselves from such disputes. But few households break the rule by replacing fences on their own.

 

Imagine you are planning to change the fence and ask you to pay the half amount and you don’t want to waste your hard earned money without any reason. The dispute arises and sometimes such disputes may take the shape of violence or calling of the police. You must know How to deal with Common Neighbour Disputes – 

 

Fence Australian Rules and Regulations

New South Wales 

 

Dividing fence Act 1991 – This act ensures both parties need to pay an equal amount in case they are planning to replace, repair or maintain the fence.

 

– In case both parties do not acknowledgement and this may become the reason for conflict, a resolution application needs to be submitted to the NSW Civil and Administrative Tribunal.

 

– Both parties need to understand that fence cannot be changed as they want. Fence regulations under NSW check the history of fence change, material that will be used for fence manufacturing should not come under Heritage Protection Law.

 

Victoria – 

– Victoria citizens need to follow the dividing fence rules that come under the Victorian Fences Amendment Act 2014.

 

– This act ensures both the party should pay for the installation of the fence and should be free from boundary disputes.

 

– Under this act, building a fence should only be allowed for a side boundary or fence above 2 meters in height.

Queensland –

 

– Queensland fence dispute is handled by Neighbourhood Disputes Resolution Act 2011

– Planning approval should not be approved if a fencing dispute is associated with a residential house.

– Fence height should be less than 2 meters

 

– The fence should not be attached to the swimming pool.

 

– If a fence dispute occurs and NDR is not able to resolve the dispute, the case should be forwarded to Queensland Civil and Administrative Tribunal.

 

South Australia –

 

– As in other areas neighbour fence disputes are handled by regulated authorities in the same way south Australia fence disputes are handled by the Fences Act 1975. As per the act 1975, no parties are bound to pay for the installation of the fence. It’s their choice to come to the desired agreement considering their budget.

Western Australia –

 

Dividing Fences Act 1961 – Another act with restrictions and relaxation for western Australia citizens, this acts to ensure the smooth resolution of neighbour disputes. In case, they cannot reach the desired agreement the case is forwarded to the magistrate court to resolve the dispute.