Fencing disputes can be a common issue between neighbours. Under the Dividing Fences Act 1991, property owners are required to share the cost of constructing and maintaining a dividing fence between their properties. However, disputes can arise when one party disagrees with the type of fence or its location, or if one party refuses to contribute to the cost.
The first step in resolving a fencing dispute is to try to negotiate a solution with your neighbour. If this is not possible, the next step is to issue a Fencing Notice, which is a formal request for your neighbour to contribute to the cost of constructing or repairing a dividing fence. The notice should include details such as the proposed type of fence, its location, and the estimated cost.
If your neighbour refuses to contribute or disagrees with the proposed fence, you can apply to the NSW Civil and Administrative Tribunal (NCAT) or the Local Court of NSW (Local Court) for a Fencing Order. NCAT and the Local Court have the power to make orders regarding the construction and repair of dividing fences, as well as the contribution of costs between the parties.
It is important to note that NCAT and the Local Court may also consider several factors when making a decision, such as the type of fence, its location, and the financial circumstances of the parties. In some cases, NCAT or the Local Court may order one party to bear a higher proportion of the costs if they have a greater benefit from the fence or if they have been unreasonable in their refusal to contribute.
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