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Fences & the Law: What to Do When the Greener Grass Should Be On Your Side of the Fence

January 24, 2017 By Jason Coluccio

Have you ever wondered if your fence is in the right place? A house may be bought and sold numerous times before anyone notices there’s a problem with the boundary. If a boundary fence has been replaced at any time in the history of the property, and done so without a survey, it is quite likely the fence may not be in the correct position. This can have serious implications when it comes to the sale or purchase of a property.

Who ‘owns’ the fence and who is responsible for the installation of fences?
You and your neighbour. While it is important to note that there is no legal requirement for a fence to be erected between neighbouring land, providing the correct procedures have been followed, the cost of any boundary fence is a joint responsibility.

How do I know if my fence is in the right position?
Without a survey, it is impossible to know definitively.  Even an existing fence line is not indicative of where the actual boundary of the property lies. Most people buying a new home will not be concerned whether the fence line is absolutely correct. However, if there appears to be a glaring issue or significant discrepancy, it might be worth carrying out a survey, especially if the property is in an old and established area.

Why is it important to have the correct boundaries in place?
The placement of the fence does not change the ownership of the land itself. Most people will purchase a property and not contemplate whether their fence line is correct. However, those who are thinking of selling or buying may want to rule out any foreseeable complications and therefore arrange a survey to ensure the fences and any other improvements (such as the new carport you were planning) are constructed within the home’ boundaries.

Will an incorrect boundary fence affect my settlement?
If you come access this issue we will be able to walk you through the process of getting any boundary issue sorted. While it is never good to start off a relationship with a new neighbour with an issue, it is best to approach them personally, as your neighbour may not even be aware that there is an issue. If in agreement, the cost of a survey can be divided between the two parties.

Filed Under: General Wills & Estate Information Tagged With: installation of fences, is my fence in the right position, fencing boundaries and the law, fences and the law, fences South Australia, surveying boundaries

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