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My neighbour has claimed from me half of the cost of the dividing fence he/she erected. I am the second owner of the property and feel that they should have got their money from the previous owner. Am I liable to pay the money claimed?

Written by Jessica Tait

Updated at January 17th, 2021

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Yes, an owner or owners of adjoining land are liable to pay even if they were not the owners of the land when the fence was constructed, provided that no previous adjoining owners had paid a claim to the owner who erected the fence. The Act does not specify any time limitations for seeking a contribution of costs between owners. If you are concerned that you may have run out of time to claim from your neighbour you should seek independent legal advice. 28 Dividing fences - a guide

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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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