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How do I replace my dividing fence?

Written by Jessica Tait

Updated at January 17th, 2021

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Strata Titles Act Dividing fences

Dividing Fence Act

Dividing fence Publication

Abode Strata Dividing Fence Process

Firstly, one must see who owns this fence, is it

  1. common property – if so a request would be sent to your strata company Abode Strata Maintenance Request
  2. owned by yourself and your neighbouring lot owner / crown land – refer to Dividing Fence Act

A dividing fence separates the land of different owners whether the fence is on the common boundary of adjoining lands or on a line other than the common boundary.

A dividing fence does not include a retaining wall. The Act does not apply to the Crown (government) or to land used for public purposes such as roads and paths under the control of local governments. This means that if your property adjoins such land you have to pay the full cost of the dividing fence. Local government laws regarding fences or what is a ‘sufficient fence’ will still apply. Sufficient fence, Local governments may have local laws that prescribe what is a sufficient fence. If you want information on what type of fence is allowed in your area, contact your local government.

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Related Articles

  • What is a dividing fence?
  • Do I need my adjoining neigbours agreement before I erect a new fence?
  • Do I have to have more than one quote to give to my neighbour?
  • My neighbour is going to build a wall along the boundary and I am concerned about how it will look from my side?
  • Can I take down the existing dividing fence without my neighbours agreement?

© 2003-2020 by Abode Strata. Privacy Policy
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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