Getting Expert Legal Advice on Fencing Disputes in Perth

June 4, 2024    propertylawyersperthwide
Getting Expert Legal Advice on Fencing Disputes in Perth

Fencing disputes are a common issue faced by many people living in Perth, Australia. Many times, fence disputes Perth issues arise when two neighbours fight among themselves regarding fencing. These problems can be related to the construction of fences or the maintenance of existing ones. Imagine having such an issue coming home after a day’s work. It can certainly be an unwanted source of tension.

 

The act regarding fence disputes that clearly mentions the duties and rights of property owners is the Dividing Fences Act 1961. It is, therefore, important to ask for the help of a legal expert to handle these issues in a prompt manner and make sure that the solution is fair for all the parties involved.

Understanding the Legalities

The Dividing Fences Act of 1961 is very important when it comes to settling disputes that arise from having a common fence. The act mentions that a ‘dividing fence’ separates the property of two different owners. The fence can either be on the common boundary of the individuals or not.

 

According to the act, the cost required to build a dividend fence has to be shared by both the owners in Perth, Australia. The Dividing Fences Act also provides the standards for a ‘sufficient fence’. These standards can vary according to the local laws of an area and any agreement made by the neighbours among themselves.

Ways to Resolve Disputes

In the case you face a fencing dispute, it is important to take proper action without waiting. The first thing that should be done is talking with your neighbour with whom you share the fence. Most of the time, a solution can be obtained through friendly discussions and agreements. But, if you fail to reach a conclusion, you are advised to contact legal experts to resolve the issue.

 

Property lawyers in Perth WA, have thorough knowledge regarding the rights of each owner and their duties. Fencing dispute lawyers in Perth will also guide you through the legal processes and advise you on the things that you should do to resolve the issue.

Legal Recourse

When looking to settle neighbour fence disputes, if no solution can be reached through negotiation, then each of the landowners will be able to apply to the local court. The court can then go over the matter and pass judgements, either mentioning what kind of fence can be built or explaining how the cost will be shared between the two parties.

 

If there is any compensation amount that one owner needs to pay to the other, that will also be mentioned in the court order. It is important to follow the court orders because there will be legal consequences otherwise.

Required Notices

It is necessary to send a formal notice to your neighbour mentioning the need to build a dividing fence. The notice should clearly mention things like the boundary that needs to be fenced and the cost-sharing arrangements. You must keep detailed records of all the conversations and agreements so that a strong legal case can be built. Having proof of communication will make the process transparent as well.

Need for Legal Representation

In such matters, getting the help of Perth property lawyers is essential as they guide you in the right way to get the judgement that is in your favour. Proper legal representation will make sure that your best interests are guarded and that you are aware of the legal effects of the issue.

 

Having the support of the best property lawyer in Perth will help citizens in Perth to follow the rules properly as well. Property lawyers will negotiate on your behalf and represent you in a court of law.

Conclusion

Fencing disputes can demand a big chunk of your time and energy if not handled in the right way. Having a basic understanding of the rules regarding fencing can be helpful in finding a solution for your fencing issues.

 

It’s important to be patient and ask for expert advice from fencing dispute lawyers to stop the matter from becoming worse. Property lawyers have thorough knowledge of the matter to help get a solution that is fair and beneficial for both the parties involved.

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