When you are experiencing a boundary problem and ask yourself: Can a neighbour remove a dividing fence in WA? The answer is usually no, unless some legal procedures are undertaken.
Dividing fence disputes in Perth are not new, and the Dividing Fences Act 1961 (WA) provides clear rights and duties of people who own adjoining property. Where there is disagreement, most individuals will seek the advice of fence dispute lawyers Perth or property lawyers Perth.
The boundary between the land of the adjoining owners is divided by a boundary fence. Both neighbours commonly have under the law the responsibility of maintaining and contributing to the cost of a sufficient fence.
What is considered to be adequate is stipulated either by the local council, which is in agreement between owners, or, otherwise, it is stipulated by the courts.
Neither the law nor the courts can permit one neighbour to take down a fence unilaterally. Any alteration, removal or relocation usually necessitates the consent of the other owner or a court judgment. This is where conflict may arise to issues that will necessitate boundary fence disputes WA advice.
In cases where a dividing fence can be legally taken away or changed, there are very few:
In case property owners agree verbally, they can also take a fence down or change it. Most Perth property lawyers urge parties to put such agreements in writing to prevent disputes in future.
In the absence of agreement, either of the two parties can apply to the Magistrates’ Court. The court may direct the removal, relocation or repair of the fence based on factors that may include local legislation, the quality of fencing in the vicinity and the character of the adjacent land. You can take advice from property law firms.
The local councils in WA often regulate the fencing height, design and materials. A fence might have to be altered in certain situations to suit building approvals or planning requirements. When the removal is included in more extensive construction, appropriate permits should be taken or discussed with the best property lawyers for fence disputes in Perth.
In case of an unsafe, falling or any dangerous fence, there might be a reason to have it replaced. Even by that time, unilateral removal without consultation is dangerous and may subject us to legal claims by the neighbour.
If a boundary fence is taken away without your permission, you can seek redress in court. Orders can require the neighbour to replace the fence, pay for costs, or pay you for damage.
It is also possible to seek mediation before proceeding to litigation. Mediation in WA tends to assist neighbours in resolving dividing fence disputes in Perth without involving long legal processes. But if mediation does not work, neighbour fence dispute lawyers Perth can handle your case in court.
Verify the precise boundary of your land by using Landgate records or an authorised surveyor. Most fence and boundary disputes in Perth are based on confusion regarding boundary lines.
Councils tend to have guidelines for what is considered an adequate fence within their region. These regulations may explain whether your neighbour’s conduct is in accordance with the law.
Talk the matter over with your neighbour. In some instances, disagreements escalate unnecessarily when straightforward communication would settle them.
If action is required, issue a written notice under the Dividing Fences Act. This outlines your intended works and how the costs will be divided.
If this is not possible, seek property law firms or the services of property lawyers Perth for fence disputes. They can offer personalised property legal advice, review your evidence, and draft a plan for resolution.
In WA, a dividing fence may not be unilaterally removed by a neighbour; it may be done by mutual consent, meeting of local laws, or order of the court. Legal rights permit reinstatement, compensation or other remedies in case a neighbour acts without consent.
Consultation with property lawyers Perth WA will enable the preservation of interests and the resolution of disputes. Knowing your rights through the assistance of property law Perth experts is very important to obtain a fair result and not to ruin the relations with your neighbours.
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