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I am happy with my fence however, the neighbours are wanting to buy a new one. Do I have to pay for half of a new fence when I don't want it?

Written by Jessica Tait

Updated at January 17th, 2021

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No, you would not have to pay for a new fence unless you agree to this or your neighbour takes you to court and is successful in obtaining an order for you to contribute to a new fence. In such a dispute, it would be necessary for the owner taking the legal action to prove that the fence is in need of replacement and cannot or should not be repaired. That owner would generally seek to support such a case to the court with photographs of the existing dividing fence and a report or testimony from expert witnesses or building practitioners.

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© 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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