A dividing fence is a fence built to separate two pieces of adjoining land. As we said, dividing fences are one of the most common causes of disputes between neighbours. Generally, dividing fences are present on the common boundary between the two properties. A retaining wall is not classed as a dividing fence. Australia wide delivery, custom design and co 7. In Victoria, the Fences Act 1968 (Vic) (“Fences Act”) makes neighbours jointly responsible for the cost of construction and maintenance of fences. If there is an urgent need to repair a dividing fence that has been damaged or destroyed, one owner can proceed without giving notice to the other. “But it’s been there for 60 years!” you say. Before you start pulling out the fence posts (or your hair), seek legal advice. They may also recover either half the cost or whatever the other owner would have had to pay if the notice procedure was followed, whichever is the lesser amount [Fences Act 1975 (SA) s 16(1)]. You get a letter from your neighbour (or his lawyer) one day stating that your old galvanised iron fence is encroaching on his land by 10 centimetres. If the boundary fence forms part of a pool fence, the neighbor with the pool has to meet the pool fence requirements. The dividing fence might be located off the common boundary if, for example, there is an obstruction or waterway on the common boundary. The Fences Act 1968 deals with a range of other matters, including disputes about the location of the We specialise in cost effective acoustic walls, feature walls and fence panelling for residential, commercial, and industrial applications. dividing fence is being replaced by a similar dividing fence) or on the side least subject to weathering (if a dividing fence is being replaced by a different type of dividing fence or if there was no previous dividing fence). A dividing fence separates the neighbouring properties. I/We have discussed the replacement/building of the dividing fence with my neighbour. Step 1 : Have a chat to your neighbour. For more information about your responsibilities see the Dispute Settlement of Victoria’s website. I/We have examined the City of Albany’s Local Law and fully understand what constitutes a sufficient fence for my property. Wallmark supplies easy to install prefabricated modular wall systems. This can mean a fence that is "ok" as a dividing fence may need to be replaced/repaired at the pool owners cost. Dividing Fences . Dividing Fences: A Fact Sheet What is a dividing fence? If your neighbour wants a more expensive fence, they will usually have to pay the difference in cost between a sufficient dividing fence and the higher standard. A retaining wall supports or holds back the earth. The Act outlines: who’ll pay for it; what type to build; what notices to send each other; how to resolve disputes. Under the Fences Act 1968 the property owner and the neighbour are equally responsible for any dividing fence. Retaining Walls. Fencing in Victoria And generally, people often disagree over who pays for the building and upkeep of the fence, or the type of fence needed. I/We have read the Dividing Fences rights and responsibilities brochure. It is important to note that dividing fences do not generally include retaining walls unless an exception applies. 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 completely in one property. 4. 2. Justice and Attorney-General, Queensland Government, Notices to neighbours regarding fences and trees, licensed under Creative Commons Attribution 4.0 sourced on 08 February 2021 Disclaimer Our data is published as an information source only, please read our disclaimer . 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