What is a dividing fence?
Written by Jessica Tait
Updated at January 17th, 2021
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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. 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.
A ‘sufficient fence’ is:
A ‘sufficient fence’ is:
a fence prescribed by a local government law; or
a fence of any standard agreed upon by adjoining owners provided that it does not fall below the standard prescribed by the relevant local government law. Where no local law or no agreement is made, a sufficient fence is:
a substantial fence that is ordinarily capable of resisting the trespass of cattle and sheep; or
a fence determined by a Magistrates Court to be a sufficient fence. If you want to erect a dividing fence of a higher standard than a sufficient fence and cannot obtain the agreement of the adjoining owner, you may only claim half the cost of erecting and maintaining a sufficient fence.
For more information on dividing fences follow the link to our blog
http://smarterstrata.blogspot.com/2018/06/the-dividing-fence-process.html
For more information on dividing fences follow the link to our blog
http://smarterstrata.blogspot.com/2018/06/the-dividing-fence-process.html