See Neighbour Over The Fence
Newcastle Herald
Monday September 17, 2001
Q Q: My 4-year-old son is just crazy about animals. His birthday is coming up soon and my husband and I think it would be a good idea to buy him a puppy. The only problem though is that the fence, which divides our property from our two neighbours, is full of gaps through which a puppy could escape. Although it would be possible to patch up the gaps as a temporary measure, the fence is in such a state that it really needs replacing. A friend told me that if I wanted to I could put in a new fence and then bill the neighbours after the work is complete. I have obtained some quotes on different kinds of fences and the one I would like will cost well over $1000. Can I simply erect a fence and ask my neighbours to contribute towards the cost? A A: Before doing anything it is advisable to keep in mind that you are the one who wants to replace the fence dividing your property from your neighbours.
Remember also that the main reason for this is because you want to buy your son a puppy and would like to prevent it escaping. To follow your friend's advice could sour any relationship you might have with your neighbours. It may also leave you with other problems, some of which are discussed below.
A better approach would be to talk with your neighbours about your proposal before starting any work.
There is little to be gained by proceeding before you give them an opportunity to express their views about your plans. Once you have their views on the matter, you will be in a better position to decide on a course of action.
Legislation provides for the construction and repair of a `sufficient dividing fence'.
Except for some situations, neighbours who share a dividing fence are each responsible for the cost of providing such a fence. Ultimately, what is `sufficient' will depend on the circumstances of your situation and not what you personally think is the best for you and your family.
Factors such as: the standard of the existing fence, the kind of fences usual in the area, and, council and environmental planning requirements will have a bearing on what `sufficient fence' means in yours and your neighbours' case.
It may well be that proper repairs carried out on the fence is the most sensible and economical way to solve your problem.
On the other hand, if it is agreed that a new fence is required, it is necessary to determine how much it will cost bearing in mind that at law, each neighbour is responsible for the joint cost of a `sufficient fence' only.
If you want a fence that goes beyond what is considered `sufficient' given your particular situation, then you will either have to come to some agreement about sharing the extra expense with your neighbour, or bear the extra cost yourself.
Regardless of whether you decide to repair or replace the existing fence, the law requires you to notify your neighbours if you want them to contribute towards the cost.
If you go ahead and build a new fence without consulting them first, you will not have any legal entitlement to recover a share of the money you have spent. Indeed, you may be liable for trespass if you enter your neighbours' land without their permission unless the work is required urgently.
If it is clear that the fence needs replacing and your neighbours dispute this, it may be necessary to apply to the court for an order for the work to go ahead and a portion of the cost to be paid.
Alternatively, you can take your dispute to a Community Justice Centre in an attempt to resolve the matter. Readers of this column should not rely on the information provided when dealing with their own legal problems and should always seek their own independent legal advice before acting. Paul Santone is a solicitor of the Supreme Court of NSW. Send questions to Paul Santone, legal columnist, c/- Newcastle Herald, PO Box 510G, Newcastle, 2300 or e-mail p_santone@hotmail.com
© 2001 Newcastle Herald
