By maxyale-2 décembre 8, 2020 In

Fencing Agreement Nsw

When built at a common border, a separation fence is held equally by adjacent neighbours and common responsibility is a must, but this is not always the case. Under the act, a separation fence is a common property, so consultation is required before making adjustments, unless there are court orders or other agreements. If discussions are mishanded, disputes can quickly escalate. Lees-Givney can provide direction before a fencing dispute slips. In the event of a fencing dispute, you cannot resolve by mutual agreement, Lees-Givney can advise you. Every effort is made to find out-of-court solutions to ensure a quick and inexpensive outcome. Contact Lees and Givney today if you are dealing with a fencing dispute. The Divisional Fencing Act provides in Section 9 that if a fence has been damaged or destroyed and urgent fencing is required in the current circumstances, restoration work may be carried out without the need to provide notice in accordance with Section 11 of the Act. City councils and some alliances have specific fencing requirements for standard fences, but are usually built between 0.5-1.8m high and wooden, wire, metal, bricks, blocks, hedges or some other materials. Remember, a separation barrier can be a hedge. Before cutting or pruning to avoid litigation, talk to your neighbour or receive written advice from landscapers before doing any work. If the hedge causes damage, there may be no question of cutting parts of the hedge. You can cut or cut blankets only on your side of the fence.

However, if it is cut or cut to destroy the hedge or fence, you may be liable for damage and repair and legal costs. There is no simple rule like cutting or cutting a tree. If you do not reach an agreement, you may be able to apply under the Trees (Disputes) between Neighbours Act 2006 (NSW)). Note that other legislation comes into play, such as the Limitation Act 1969, Land – Environment Court Act 1979, Civil Procedures Act 2005; Single Civil Procedure Code 2005; Land – Environment Court Rules 2007. If urgent fencing is required and a notice of the separation barrier is not feasible, an adjacent owner may carry out the urgent fencing work. The other adjacent owner is responsible for half of the costs (subject to conditions). If neighbouring neighbours cannot reach an agreement, a neighbour may issue a notice in accordance with Section 11 of the Act. This communication should contain the following information: Lees-Givney can help you in this process if a neighbour does not accept within one month a notification sent for fencing work. In most cases, an application for fencing orders can be filed with the NSW Civil and Administrative Tribunal (NCAT) or the District Court.