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Ask Leon Your Own Question
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43481
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My neighbour has added to the height of our fence as he is

Customer Question

Hi. My neighbour has added to the height of our fence as he is using the dividing fence as a pool fence and he is selling and hurstville council told him to comply with new standards. I'm the last house at the bottom of a steep hill and what he has done means that I have an extremely high fence on my side. I don't feel safe in my house as I can no longer see my neighbours up the hill and they can't see me. Also I have bush at back of house and a reserve at the side. I told the fence guy that I didn't want the addition to fence before it went up but he called my neighbour and was told to go ahead with it. I don't want this higher fence.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Yes it's in new south Wales.
JA: Have you talked to a lawyer yet?
Customer: No. I haven't. Hurstville council has asked neighbours to take fence down and is trying to negotiate but it doesn't seem to be working.
JA: Anything else you think the lawyer should know?
Customer: I don't know why the old standards couldn't have applied. Shouldn't he have contacted me if he wanted to extend the fence.
Submitted: 6 months ago.
Category: Australia Law
Expert:  Leon replied 6 months ago.

Good Evening.

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise but a guide to assist you.

The only thing you can do is to take them to NCAT and seek an order that the fence be removed.

If you have evidence that the council has requested it be taken down, this will assist you.

You should send a letter to the neighbour confirming you do not agree to the hight increase and request it be removed.

You need evidence of what you do.

If they do not comply then you take them to court NCAT

This is the only option you have.

If the fence is not really required and it does not comply with the act you possibly have a good course of action.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.