Can I take down the existing dividing fence without my neighbours agreement?
Written by Jessica Tait
Updated at January 17th, 2021
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Once a dividing fence is erected, it becomes joint property. Both adjoining land owners are liable to maintain the fence, regardless of the contribution made to the cost of its erection. Therefore either party cannot remove, alter or damage or in any way affect the structural integrity of the dividing fence. I am about to put up my new dividing fence and want to know where on the boundary it should go. Does it have to be located wholly on my property? The fence should normally be placed along the boundary line, with half the structure in each property. Where this is not practical you may agree to locate the fence wholly in one or other property. You should record an agreement to do this in writing. The Act allows for a fence to be considered a dividing fence even when it is not on the common boundary. This means both neighbours can be asked to contribute to the cost.