FENCING

I can’t see why it would be possible since no one actually agreed to it. If you just bought a new house and the neighbour told you to pay half the cost of a fence they put up a month ago, would you do it?

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Sitting on the Fence

What state are you in?

If you are in WA, a brochure is available online at http://www.dhw.wa.gov.au/policy/policy_dividingfences.cfm or you can contact them via:

Department of Housing and Works
Dividing Fences Section
99 Plain Street
PERTH WA 6004
Phone: (08) 9440 2290
Fax: (08) 9222 4979
September 2003

DIVIDING FENCES
Rights & Responsibilities

Regrow

You are a fool for 5 seconds if you ask a question, but a fool for life if you don’t.

In WA I believe you can claim for half the fence form the new owner as long as they purchase the block within 12 months of you erecting the fence and as long as the fence is considered the norm for the area and the price was realistic.

PK

Sitting on the Fence

If in WA

PROCEDURE FOR
Erecting a New Fence
The best way to erect a fence is by agreement between the
adjoining owners. Such an agreement should be in writing and
should include details regarding payment. The following procedure to
obtain an agreement is recommended.
Step 1 – Giving Notice
Give notice in writing to the owner of the adjoining land.
If you do not know the name and address of the adjoining owner,
your local government can provide this information. A notice given to
an adjoining owner of a proposal to construct or repair a fence must
be in writing.
Each notice must be served by either:
(a) delivering it in person; or
(b) sending it by registered mail to the person’s usual or last known
place of residence.
If the notice is to be given to a company it may be served by: –
(a) delivering it to the head office of the company in the State in
which the company is incorporated; or
(b) sending it by registered mail to the company’s principal officer.

Sample letter: No 1
Dear ……………………………..
I hereby give notice, under the Dividing Fences Act 1961, that
I propose to erect a 1.8 metre corrugated fibrous cement fence on
the boundary line between our (property addresses) properties.
I have obtained quotes (see copies attached) and propose to accept
the quote from AB Fencing Contractors for $400. Your share will be
$200. Please let me know within 21 days if you agree with this
proposal.
Please contact me at the above address,
telephone no……………………………….., fax no……………………………………,
email …………………………………………………. if you would like to
discuss the matter or to advise me of your decision.
If within 21 days we cannot reach agreement or you do not respond,
the matter may be determined in the Court of Petty Sessions.
Signed ……………………………………………..
Date: ………………………………………………..
Note: It is suggested that you attach a copy of this Dividing Fences
booklet to your letter.
If agreement is reached you can proceed.
Whether agreement is reached or not, you should keep a copy of all
quotes, correspondence and receipts.
Again, try to ensure that any agreement reached is confirmed in
writing, signed by all parties and provides details of when payment is
to be made.
If your adjoining owner does not respond, you are encouraged to
contact him/her again to try to reach an agreement.
If you and your adjoining owner cannot agree, then the use of an
independent mediator may help. Mediation helps to reduce the cost
of legal action and assists people to sort out their differences in a
confidential and non-threatening way. Details of mediation services
available are listed in the Yellow Pages, under “Mediators”.
The Court of Petty Sessions can be contacted on
Telephone: lephone: 9 4 2 5 2 2 6 6 or http://www.justice.gov.au

Step 2 – Court Action
If your adjoining owner does not respond or writes back to you and
disputes all or any part of your proposal and you are unable to reach
an agreement within 21 days of the service of the notice, you or your
adjoining owner may refer the matter for a decision to a Magistrate
in the Court of Petty Sessions nearest to where the fence is situated.
The Court can decide:
• whether the fence is necessary;
• what type of fence should be built;
• how long it should take to build;
• the boundary upon which the fence is to be built;
• the level of each adjoining owner’s contribution to the fence and
legal costs; and
• a different period of time for payment.
See page 16 “Court Action” .
Notice of the Court’s decision, if it is given to the adjoining owner
before the construction of the proposed fence, can compel the
adjoining owner to pay half the value of the fence. The adjoining
owner has three months within which to comply with the agreement
made (Step 1) or to comply with the Order which has been made by
the Court of Petty Sessions (Step 2), unless the adjoining owners
agree or the Court orders a different period.
If after three months you have not received the other owner’s
contribution towards the cost of the fence, you may erect the fence
and recover half of its cost by applying to the Local Court and issuing
a Summons for Debt.
Contact the Clerk of Courts to find out the procedure for lodging a
complaint with the Court.
The Court’s decision is final with no right of appeal.

when one or both
OF THE ADJOINING LOTS OF LAND IS VACANT
This section only applies where one or both of the adjoining lots of
land is vacant, and the dividing fence has already been erected.
Where one or both of the adjoining lots of land is vacant, you may
erect a sufficient fence without giving notice or reaching agreement
with the owner of the vacant land.
The owner who has erected the fence may claim from the adjoining
owner whether or not notice was given or an agreement was
reached.
The right to claim exists while the person continues to own the
property, however, it is doubtful whether this right exists after the
property is sold. The commonly held legal view is that the right does
not continue.
The right to claim cannot be passed on from the owner who erected
the fence to another owner who buys his/her land.
Except where there is an agreement or a court order, you cannot
recover any of the costs from the owner of adjoining land that is
vacant unless or until whoever is the current owner of the adjoining
land:
(a) has completed a substantial building or structure on the land; or
(b) has occupied or occupies a building or structure on the land; or
(c) has permitted or permits some other person to lawfully occupy a
building or structure on the land.
If any of the above conditions are satisfied, you may give the other
owner a notice claiming half the value of the fence as estimated at
the date of claim.
Note: There is no specified method for determining the value of a
fence. If it cannot be agreed upon between the adjoining owners, it
may be necessary to have the matter decided in Court. Refer to Step 2.
An owner of adjoining land is liable to pay even if they were not the
owner of the land when the fence was constructed and no previous
adjoining owner has paid a claim to the owner who erected the
fence.

Regards

Regrow

You are a fool for 5 seconds if you ask a question, but a fool for life if you don’t.

hi Regrow
will keep in mind if I invest in wa

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