6 Things That Will Change The Way You Approach Fence Dispute

February 9, 2021    propertylawyersperthwide
6 Things That Will Change The Way You Approach Fence Dispute

The dispute between neighbours can occur anytime unexpectedly. It can go from resolved disagreement to a serious dispute, that needs official intervention. The neighbourly issues can take place for many things, and one of them is the fences of your home. This type of issue stands out to be pretty tricky as the majority of the homes share a fence with one neighbour. The difference in opinion will become pretty difficult to resolve. 

That is why, individuals must know their rights and responsibilities, the potential issues and the relevant laws. In such matters, including the professional and reliable Property Lawyers Perth will be the best idea. They will know what to do when a fence dispute takes place. 

How To Change The Way When Approaching Fence Disputes?

Even though fence disputes are something that takes place frequently within the Australian, but there are various ways one can approach this matter. Given below are several things that will change one approach the fence wars. 

  • Resolve The Matter: Before the things go way out of hand, individuals must resolve all the issues with their neighbour on good terms. Doing so will prevent unwanted disputes to take place. Negotiating or resolving the issues before it’s too late will also help individuals to stay in good relations with their neighbour.
  • Go For Mediation: If an individual cannot reach an agreement with their respective neighbour after several attempts, they can opt for mediation. Mediation stands out as an alternative option for fence wars where both the parties sit down with a mediator. Doing so will enable them to reach an agreement and avoid legal matters from occurring.
  • Apply To The Local Court: Individuals who have served a fencing notice to their neighbours and didn’t get a response on it must apply to the local court. He/she are also free to apply, at the Administrative Tribunal for a fencing order. Getting in touch with the trusted Fence Dispute lawyers will also get the job done. They will take care of the entire court work and make sure to provide a positive outcome.
  • Stay Aware Of The Legal Rights: It highly important for all homeowners to stay well-aware about their legal responsibilities and rights. Doing so will keep them protected under the law so that they can avoid issues or problems. The dividing fence is covered by the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011. To know more about it, you can contact a professional lawyer to learn and gain information on it. 
  • Seek Help And Act Quickly: When a dispute with the neighbour over the fence takes place, the best thing one needs to do is act quickly. They must get in touch with the Dispute Resolution Lawyers before the problem gets way out of hand. It will help in providing them with a solution that will resolve the problem once and for all. It will also help in preventing future issues or disputes as well. 
  • Before Going To Court Discuss It With An Expert: When the fence war is pretty serious, it will be much better not act randomly. There are ways one can resolve a fence dispute without taking the matter to court. Talk to an individual who specializes in such matters. They have the power to guide and assist people in such matters that avoid taking the matter to court. Lawyers are the best people to turn to, and they know how to quickly resolve the issues. It will be an excellent choice for both parties. 

Who Pays For The Damaged Fences?

People are well-aware about the fact that all the cost for the repair of fences is shared equally among the neighbours. But if the damage got inflicted one of the neighbours, he/she is responsible to provide the repair cost for the damaged dividing fences. Also, the neighbour, who is responsible for the damage does not initiate the repairs on their own, the other neighbour has the full right to request him/her the repair. 

Also, if the damage caused to the fences took place for some other reasons, both the neighbours must work together and pay for the repairs equally. Individuals are free to take legal action against their neighbour when he/she doesn’t contribute to the repairs or doesn’t agree with the terms. The property lawyer will put up a case against the neighbour, and the court will provide the other party with the repair cost of the divided fence.

Is Going To Court A Good Idea?

Fence disputes are something that one can resolve easily. But on certain occasions, when things like “I want to build a new fence, but my neighbour doesn’t want to” takes place, it requires legal invention. It’s because that’s the only way to make the other neighbour agree when it comes to building a brand-new fence. But the cost of hiring lawyers, and going through all the court proceedings will be pretty tiring. For such reasons, it much better to resolve the issue beforehand, before taking legal action. If the issue is pretty serious and the neighbour keeps creating unwanted problems, individuals must contact a trusted lawyer with immediate effect. 

Things To Consider When Hiring A Fence Dispute Lawyer

Before you opt for the services of a lawyer, you must conduct plenty of research on them. Individuals must remember that all lawyers are not the same, for which they need to go through all the potential ones. Also, it will be much better to choose an lawyer who works under a reputed law firm. Doing so will increase their chances of winning a court case on fence dispute against their neighbours. It’s also important to check online reviews, which are provided by the existing clients. It will provide them with plenty of other information about the lawyers, their working style and how well they can handle complicated issues. 

The Takeaway

Fence disputes are normal in Australia, and it takes place anytime. Many people do not like arguments and will solve the problem immediately. But some take things way out of hand. If things look pretty bad, one must opt for professional help. It will help take all the necessary action against the neighbour easily.

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