Boundary Fences: Some matters relating to boundary fences.

1. DISPUTES BETWEEN NEIGHBOURS

Neighbours do not always see eye to eye. From time to time a problem will arise which needs to be resolved. These problems can be varied and putting up or repairing a fence between properties is a common one. These types of problems can be sorted out if the neighbours concerned are willing and know how to go about it.

2.THE BOUNDARY FENCE ACT AND YOU

The Boundary Fences Act 1908 tells us what the law is in Tasmania for erecting and repairing boundary fences. The Act will not apply to you if your property or the property concerned is unoccupied Crown land, a public reserve, land owned by the Forestry Commission, land in a subdivision which has not yet been sold separately, or if you are simply renting the property concerned. It is usually the owner of the property who is responsible for erecting or repairing a boundary fence, not the tenant.

3.ERECTING OR REPAIRING A BOUNDARY FENCE

If properties side by side are not divided by a sufficient or rabbit-proof fence or the fence needs repairing, the Act states the neighbours shall be legally bound to erect or repair the fence.

4. DEFINING A SUFFICIENT FENCE

In rural areas, a sufficient fence is a fence which can keep livestock in or out. Where the fence is in a city or town, or next to another home, then it means a fence which the neighbours have agreed on or is usual in the area. A boundary fence must be along the boundary line. Where the boundary is uncertain because it is a river, creek, lake, pond or is rocky land the neighbours can agree on the line the fence should take.

HOW TO MAKE YOUR NEIGHBOUR HELP OUT

If you want to put up or repair a boundary fence and want your neighbour to help out with the cost, you must serve a notice on them to erect a fence or repair a fence. To serve such a notice you can give it to your neighbour by handing it to him or her, or send it in the mail. If you put up a fence or repair one without serving either of these notices on your neighbours, they do not have to help out with the cost.

6. IF YOUR NEIGHBOUR DOES NOT AGREE

If your neighbours do not agree with your proposals for erecting or repairing a fence, they can object. To do this they must put their objection in writing and serve it on you within 21 days of having received your notice. If after 30 days you have not received an objection from your neighbour, you can go ahead and erect or repair the fence and recover half the cost from your neighbour. If an object has been made and you cannot resolve the dispute you should both meet with a mediator to resolve the issue.

7. GOING ONTO YOUR NEIGHBOUR'S PROPERTY

If there is no possible way to erect or repair the fence from your. own side of the boundary, then you can go onto your neighbour's land but only at reasonable times. If your neighbour's land is a crop, garden, orchard, plantation or shrubbery, then you must get their permission first. If you damage your neighbour's property while doing the work, either on purpose or if you did not take care, then you may be bound to pay compensation to your neighbour for the damage caused.

SIMPLY:

You and your neighbour have a legal obligation to share the cost of a common fence, usually 5ft or 1.5 metres in height, or though one can ask for it to be higher up to 6ft or 1.8metres, the extra being at their expense. Anything different or in excess of the above should be clarified with Council's Planning Scheme and may need a Planning Permit. Fences should be constructed on the boundary of the properties involved.

HOW WE ASSIST:
We can redefine the boundary line for you to ensure that the fence is constructed in the right spot. We can also check Planning Scheme issues for you to ensure any variances are in accordance with the Scheme.

BOUNDARY FENCES ACT 1908 NOTICE FORM

NOTICE TO JOIN IN ERECTING A SUFFICIENT OR RABBIT-PROOF FENCE

In pursuance of the Boundary Fences Act 1908 I hereby give you notice as the owner of the land next adjoining the land belonging to me situated at:
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that require you to join in erecting a sufficient fence (or rabbit proof fence) under the provision of that Act between our respective lands and I propose that the boundary to be fenced be as follows:
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and that the kind of fence to be erected be as follows:
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Your attention is directed to the following provisions of that Act, namely:

Section 10, which empowers you within twenty one (21) days after service of this notice to object to any proposal contained in this notice and provides for arbitration in case we do not come to an agreement, and Section 12, which empowers me to erect the fence and recover from one half of the actual cost together with interest if within thirty (30) dates after service of this notice we do not enter into an agreement and if no notice of objection has been served by you upon me.

Dated
at ..........................this.............day of................200..

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(signature of the person giving notice)

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(witness' signature)