Dividing fences are a common source of most neighbourhood disputes. State legislation covers the rules for working out who pays for the dividing fence and also what happens if there are disputes about where the boundary lies. These laws apply to the owners’ corporation. However, if one neighbour wants a fence of a different standard, that neighbour will usually pay the additional cost involved. As for the construction of the fence, if there is a disagreement as to the fence or cost-sharing, an application may be made to the Magistrate’s Court for determination. If there is a dispute about the boundary line, a land surveyor needs to be engaged to fix the boundary. That said, replacing a fence tends to be a protracted activity which generally will take time to complete given all the parties involved. The following is the determination and cost-sharing for land affected by an owners’ corporation:
– A dividing fence between a lot and the common property is shared between the owner of the lot and the owners corporation.
– A dividing fence between two lots is shared equally between the lot owners.
– A boundary fence between a lot and an adjoining property is shared between the lot owners and the adjoining property owner.
– A boundary fence between common property and an adjoining property is shared between the owners corporation and the adjoining property owner.
In terms of next steps, please be aware of the following process:
•Obtain 2 quotes to replace the fence
•Either discuss the matter at the AGM or issue a postal ballot to all owners with the included quotations
•Send fence quotes to the Neighbouring site/OC Manager. If the ownership details of the neighbour are not known then our office will ask an owner to contact their local council (due to the Privacy Act) for these details.
The Fences Act 1968 provides that adjoining owners are required to equally share in the costs to replace a fence. If there is a dispute about the standard of fencing, a neighbour must give the other a notice which sets out the type, location, length, and cost of the proposed fence.
•Strike the fence levy with OC members to fund the project
•Give the go-ahead to the selected Fence contractor
•Fence contractor is obliged to give affected owner’s 7-days notices prior to any works commencing