Sydney Brush Fencing: How to Avoid Problems With the Neighbours
If you are building a new fence you need to understand the laws that relate to Sydney brush fencing. One thing that can really create problems between neighbours is building or altering a dividing fence. Disputes do occur from time to time because it can be difficult the neighbours to agree on what they both want, and it can be a problem if you want to build a brush fence and your neighbour does not.
The good news is that common fences are mostly built with agreement and cooperation between the neighbours. And they rarely require the need to sign a formal agreement will serve notices.
10 Steps to a Smooth Sydney Brush Fencing Job
This article will provide you with 10 steps you can take to smooth the path with your neighbour if you’re considering building a new brushwood fence or altering your existing dividing fence.
1) Firstly, understand situations, which are likely to lead to disputes:
- When one neighbour wants to change in existing fence and the other one doesn’t. This could occur if your neighbour wanted, for instance, to change the dividing fence from the picket fence (a standard) to a Sydney brush fence.
- Another situation to occur when one neighbour wants to increase the height of the fence, and the other one does not.
- Problems typically also occur when one property is being redeveloped, and the survey is carried out. From time to time, surveys produce surprises because the show up space and correct location of existing boundary fence. This may result in one neighbour having to move the existing fence, altering buildings or garden features.
Other steps to take are:
2) Let your neighbours know that you are considering alterations to the existing fence.
3) Talk to them about the type of fence, its costs and how it is likely to be built.
4) Obtain quotes from at least two fencing contractors and supply the information to your neighbours.
5) Be prepared to negotiate with your neighbours about the fence and compromise where necessary.
6) Once you have reached agreement, as a good idea to get in writing. You could use a fencing notice or notice of repair for this purpose. However if, you intend to go this route, you should alert your neighbours of that fact, so they are not surprised.
7) Make sure that you agree with your neighbour about the following areas:
- Which boundary is going to be fenced?
- The kind of fence that is proposed.
- The cost of the fence proposed (an estimate of the total cost and contribution amounts).
- What construction methods will be used ie a brush fence.
- How access will be granted in order to build the fence.
- Who us going to do what in relation to the hiring of a supplier and building the fence.
8) Gain final agreement from your neighbour in writing that they accept the proposal. They will be liable to pay half the cost of the fence once they have done this.
9) Understand situations where your neighbour may not be required to pay 50% of the fence costs:
- If you didn’t give you a neighbour notice.
- If the dividing fence you are building will also act as a pool fence for your pool.
- In one neighbour wants to build a fence that is different from standard, that person will be liable to pay the difference between the cost of building the standard fence and the desired fence. This will often be the case if you are going to build a brushwood fence.
- If you damage or a tenant damage the fence – either deliberately, or negligently you will be liable for the repair.
10) If you cannot gain agreement with your neighbour do not build the fence. There are several options that you can take depending on which state of Australia you live in. These are all relatively expensive and include:
- Mediation through Community Justice Centre.
- A hearing at the local magistrate’s court.
- A hearing before a Local Lands Board.
As you can see, is in the best interests to work harder gaining agreement with your neighbours about any boundary fence and who pays for it in order to avoid expensive legal action. Or if you want to have a Sydney brush fence you may just need to be prepared to pay for all of it.
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