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Claiming for a fence erected on vacant land?

Written by Jessica Tait

Updated at January 17th, 2021

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No, not unless you have agreed to contribute before the fence is erected or unless the adjoining owner obtains a court order, before the fence is erected, requiring you to contribute. My lot was vacant and my neighbour has constructed a brick fence, do I have to pay for half of it? Yes, only if the minimum standard for a fence in that location is a brick fence. The minimum standard could be as a result of the local government’s fencing local law or town planning scheme, or through a condition of sale imposed by the developer as a covenant. As a general rule you would have to contribute half the cost of a sufficient fence, this being the minimum standard required by your local government. Dividing fences - a guide 27

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The advice within is general and has been prepared without taking into account any specific or personal objectives, financial situation or needs.

Please also note this general advice was provided prior to the new strata title amendments were proclaimed and will be updated in due course.

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