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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 3410
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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Dividing Fence- Dividing fence notices have been issued to

Resolved Question:

Dividing Fence- Dividing fence notices have been issued to neighbor in regards XXXXX XXXXX the dividing fence on the correct surveyed boundary position. In saying this the process to put up the fence has now taken 12 months to date. Materials to be used are to the specification requested by our neighbor. To erect fence in correct position trees will need to be removed which we have received permission from relevant departments and we will be carrying out tree planting after erection of the fence. But the removal of trees seem to be one of the issues they do not agree on. Mediation has been held in respect of the fence. Neighbor agrees surveyed area is where the fence should be placed, removal of trees agreed except for 4 trees. My question if we proceed to erect the fence without total mutual agreement and would therefore forfeit contribution to the fence by the neighbor is there any other repercussions that could arise? Or should we wait for the magistrate to make a ruling on this matter?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Daniel replied 1 year ago.
Hello

I would wait for a magistrate, as they will give the matter no time at all and make an order that the trees be knocked down and removed.

They are being very unreasonable and should have the trees knocked down. With a court order it will be done regardless.

Please accept
Customer: replied 1 year ago.

would they still be able to bring in the tree act or try to claim damages to there property which is rural (paddock) after the fact.

Expert:  Daniel replied 1 year ago.
Hello

No i would not think it would be an issue.

Please accept

Customer: replied 1 year ago.

I am just trying to make sure I have all areas covered as I know the reputation of these people and know they are not great people to deal with.


If there is an angle they will try and take it.


 


 


 


 


 

Expert:  Daniel replied 1 year ago.
Of course

But at the end of the day, the fence needs to be built.

Please accept.
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 3410
Experience: Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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