Do I need my adjoining neigbours agreement before I erect a new fence?
Written by Jessica Tait
Updated at January 17th, 2021
- (Sample) Using Helpjuice
-
Import
Water Run Off Buying Strata Strata Titles Act of Western Australia Lot Boundaries Strata Plan and Other Plans Strata Titles Act Regulations, Standard By-Laws & Management Statements Tenanting Your Property Alteration to a lot/ installations Common Property Employing Contractors Funding Access for Maintenance Fences Contractors Electrical Gas Plumbing Pests NBN Swimming Pools & Spas Building Warranties Strata Companies Levies Financial Strata Manager Strata Council Insurance Paint AGM’s
If you wish to claim a contribution and the adjoining land is not vacant, there must be an agreement or a court order in place before erecting the fence. Where the adjoining land is vacant, you do not need an agreement. Once the fence is erected a claim for a contribution can be made on the owner when there is a substantial building erected on the land, or when the land owner occupies or permits the occupation of any building on the land. You do not need an agreement if you want to erect the fence entirely at your own expense, and forego any right to a contribution under the Act. The fence you erect must still be a ‘sufficient fence’. If you decide to erect a fence at your own expense, it is recommended that you give the adjoining owner the details of the proposal as a courtesy, and to enable them to make arrangements to protect their property or animals during the construction process. A decision to erect a fence entirely at your own cost does not give you the right to enter the adjoining owner’s property without their permission during construction.