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| Dividing fence |
| Replacing a shared fence can be fraught with hidden dangers, so read on to avoid any problems. |
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You'd think replacing this tired timber fence would be simple, just pull out the old posts and put in some new ones. But this fence divides two properties and in effect, has two owners. Dividing fences are governed by rules so it's important to know where you stand before pulling out posts. If you know the rules, you won't cross the boundaries of your neighbour's friendship.
These Merrylands neighbours have chosen to build a 1.8m high Lysaght Neetascreen Plus fence from BHP Building Products. This costs around $90 per metre, including installation so the overall cost will be around $6,300 (prices vary between states).
To start installation, the old fence has to be removed so the contractor can correctly line the new posts. There is a DIY installation guide that meets the manufacturer's warranties however using a contractor to install the fence is recommended.
BHP Building Products recommend post caps be installed on all fences to provide protection from sharp edges. Ask the manufacturer's advice before installing a Colorbond fence in a cyclonic area or within one kilometre of a marine environment. To cut the steel and protect from swarf, use a power saw with a metal cutting blade. Remember to cut the steel over the ground, not over other materials.
The sturdy Neetascreen Plus is manufactured from Australian BHP Colorbond pre-painted steel or zincalume steel so it won't crack, chip or fade in our harsh climate. There are three colours to choose from — Caulfield Green, Smooth Cream and Heritage Red, with matching or contrasting lattice and posts.
The Colorbond fencing is low maintenance so a quick wash with a hose will keep it clean. It is durable, safe and fire resistant. To maintain you fence, avoid splashing it with bore or pool water. Make sure the bottom rail doesn't touch the ground so it is kept free of dirt and debris.
These neighbours have agreed on a fence that suits them both and are happy to share the costs. However, not all neighbours are so amenable and building a new fence can divide more than just property. Each state has its own legislation governing dividing fences, but there are some general rules that apply where ever you live.
TIPS
- Compromise — legal action is costly and likely to damage the relationship you have with your neighbour.
- Owners (not tenants) of adjoining land are usually obligated to pay half the cost of erecting or repairing a "sufficient" fence to divide their properties.
- There may be local laws that regulate the type of fence required in your area (especially if you have pets). Check regulations with your local council.
- If you and your neighbour can't agree, mediation may help.
- The best way to erect a fence between adjoining properties is by mutual agreement between the owners. Give notice in writing, no matter how amicable the agreement.
- Where there is no agreement give written notice to the owner of the adjoining land. Some local courts, councils or boards will provide you with a Fencing Notice form.
- If agreement still can't be reached, contact your local council, court or land board.
In New South Wales, dividing fences are covered by the Dividing Fences Act. This Act outlines the rights and responsibilities of property owners in regards to cost. New fences, replacements and repairs are divided equally between adjoining property owners.
The Act recognises a dividing fence as a barrier that separates the land of adjoining properties. The fence can be a structure of any material, a ditch, and embankment or a vegetative barrier like a hedge. It does not include a retaining wall.
Adjoining land owners are liable to share the cost of fencing work if the finished product is a sufficient dividing fence. A sufficient fence is one that effectively separates the properties, such as a paling fence in the city or a wire and star post fence in rural areas. If only one owner wants a fence of a higher standard than the sufficient dividing fence, then that owner must meet the extra costs.
If property owners can't reach an agreement, a Community Justice Centre may be able to help. If the issue isn't settled within a month of the Fencing Notice being served, the matter can be decided by a Local Court or Land Board.
In an emergency, either owner can repair the fence without a Fencing Notice and the other party will still need to pay half the costs. Reasons for urgent repairs include safety, security or to prevent loss of stock.
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More Info
Lysaght Neetascreen Plus from BHP Building Products.
We used Caulfield Green with Smooth Cream lattice.
For more information contact BHP Building Products.
Ph: 1800 645 630
www.bhpbuildingproducts.com.au
Fencinginstallation by:
K & T Metal Fencing Pty Ltd.
101 Woodpark Rd.
Smithfield NSW 2164
Ph: 02 9892 4000
The Dividing Fences Act is available from the NSW Government Information Service or from the following web site:
www.austlii.edu.au/au/legi/nsw/consol_act/dfa1991137/
For further information contact a solicitor or your Local Court, Local Land Board or Community Justice Centre.
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Disclaimer
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