Things To Keep In Mind Before Hiring Fence Disputes Lawyer

September 2, 2020    propertylawyersperthwide
Things To Keep In Mind Before Hiring Fence Disputes Lawyer

In Australia, fencing disputes form quite a complex area of the nation’s legal system. When you want to dispose that worn-out fence of your house, you want your neighbour to pay for the cost. Conversely, you come across this fact that your neighbour is planning something else. Then, what’s the solution to this problem? Yes, you have guessed it right, becoming thoroughly aware of Australia’s different fence dispute laws. The top Fencing Dispute lawyers Perth can provide you best assistance in this context.

All About Neighbour And Fences Disputes

To begin with, there are several local fence ordinances in the whole of Australia. These local fence disputes conventionally regulate certain things. These include appearance, material used, location and height. People residing in subdivisions are incurred by even more stringent homeowners’ association restrictions. The local protocol in these areas normally curbs backyard fences till a height of maximum six feet. Conversely, front yard fences have to be restricted till a height of four feet.

Exclusive Legal Permissions

In some exceptional cases, homeowners might be permitted to build a bit higher fence. Besides, these limitations actually result from some legal rules putting stress on the aesthetics of that fence. Despite this, a fence cannot be removed unreasonably just because it’s not appealing to look at.

Rules For Alterations Or Replacements

Some common rules apply both to the replacement and alteration of the fence. By following these rules, you can surely attain optimal results. Discussing with your neighbour is the most important rule amongst all these. Before altering, attaching to or repairing your fence, make sure your neighbour agrees with the same. If yes, then create a written format of it. If your neighbour disagrees, then, seek valuable advice from one of the best Fencing Dispute lawyers in Perth.

A Fence On A Boundary Line

A fence located on a boundary line can be claimed by both the owners unless one agrees to abandon it. Friendly property owners always share the repair cost of such boundary walls or fences. It is also the responsibility of both the owners to take good care of the fence. Most importantly, none of them should eliminate the fence without each other’s permission.

Extraneous Circumstances

There are extraneous circumstances in which both the owners must behave in a certain way. Say for instance, a tree is hanging all over the fence. In such a case, most of the Australian states ask the homeowners to trim the tree limbs somewhat. Besides, they should also remove the unwanted roots which are hindering the accessibility of the fence. While doing so, the health of the tree shouldn’t get harmed in any way.

Who Can Pay For Damaged Fences?

Well, the total repair cost should be shared equally by both the homeowners. Conversely, if only one party was responsible for the damage, then? Besides, the damage may also occur naturally and the responsible party is constantly denying paying the repair cost. In spite of this, the responsible neighbour must bear the repair cost no matter what.

Crucial Factors Related To Damaged Fences

There are several crucial factors worth learning about related to ravaged fences. Before hiring a fence dispute lawyer in Perth, just take a look at each of them.

  • A fencing notice has to be issued in case a mutual agreement isn’t reached between both the parties. Again, this has to be done according to the pertinent legal protocol of Australia. 
  • In case, this notice is paid the least attention to, then legal assistance must be opted for. This means lodging a legal complaint for settlement or interference of the Australian court. 
  • It may happen that one of the parties is not taking any initiative to start the repair job. In such a situation, the other party can request them to do the same.

So, are you also entangled into any of the situations mentioned above? Then, contact the best property lawyers in Perth located in Australia. Your property lawyer will give you the finest of suggestions and advice concerning the ongoing issue. By implementing these strategies, you will get rid of your fence dispute case quite easily.

A Common Boundary Fence Is The Most Disputable

At times, a fence is built across an erroneous demarcation between two houses in Australia. There can be various resultant circumstances behind this. Firstly, it can be due to an illegitimate extension or simply because the fence was moved a bit. Alternatively, it can result from the sheer negligence of the land surveyor. It may also happen since the other party is reluctant about the fence’s proposed location.

The Solution

The best solution to this problem is to scrutinise the area furthermore before taking any steps. A painstaking survey of both the land blocks can be done only if required. This is to ascertain the presence of a faultless boundary line. This way you can ensure that the proposed or existing fence is situated in the right location. To get more legal tips and advice, contact the best property lawyers Perth who will help you accordingly.

Common Types Of Fencing Disputes

In Australia, fencing disputes are of different types. They chiefly include the following:

  1. An insufficient fence dividing two properties,
  2. One of the neighbours willing to build a new fence despite the presence of a substantial one.
  3. If one of the neighbours wishes to build an expensive fence in addition to an existing wire fence.
  4. In case, one of the neighbours is refusing to pay half of the construction cost.
  5. If the newly built fence crosses the legal criteria and you are asking your neighbour to share its cost.
  6. Similarly, if your neighbour is asking you to share the cost of a comparatively more expensive fence they will build.

It may happen that you are entangled in any of the fence disputes stated above. That is the time when you should hire one of the best WA property lawyers in Perth. Your lawyer is knowledgeable enough to identify the exact fence dispute which you are involved in. Accordingly, your lawyer will suggest you the right legal pathway to resolve your case impeccably.

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