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kmslaw
kmslaw, Solicitor
Category: Australia Law
Satisfied Customers: 195
Experience:  I have 15 years legal experience behind me and I graduated from the University of Sydney with First Class Honours in Arts/Law.
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My neighboring wooden boundary fence has been severley pushed

Customer Question

my neighboring wooden boundary fence has been severley pushed out of alignment by the weight of unused building waste and a heavy mountain bike being allowed to rest against it. Is this action by the neighbor illegal and a breach of the NSW fencing act?
Submitted: 1 year ago.
Category: Australia Law
Expert:  kmslaw replied 1 year ago.
Hi my name is ***** ***** I am going to help you your inquiry today.
the answer to your inquiry is that the Dividing Fences Act 1991 sets up a procedure whereby you can serve a notice on your neighbour to make them liable for half the costs of a sufficient fence to divide your properties. It's possible that at the moment, if unused building waste and a heavy mountain bike are being allowed to rest against the fence in such a way that the fence leans inward to your property, the neighbour is trespassing or in breach of the law of nuisance, but they are not in breach of the Act mentioned above. You can decide whether a new fence is required and take action under the above Act to make the neighbour pay half the cost of repairing/replacing it.
Does that help you with your inquiry today?
Expert:  kmslaw replied 1 year ago.
Can you please press "accept" if you are happy with my response? Many thanks.
Expert:  kmslaw replied 1 year ago.
Hi there. Can you please indicate whether you were happy with my response by rating me? Thanks