we bought are property form our neighbour who subdivided. We have just found out the boundary line is 5 meters out losing us about half an acre. We want to refence but the neighbour is saying ther is an adequate fence already even though it is so far from the boundary and refuses to pay half and is then saying we have to pay for the fence that he stipulates. can we put in a fence inside the boundary that we require. We are a rural property.
I have read all the fencing and boundary laws set out and feel we are within in our rights to move the fence
Hi Welcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
You can fence on your side of the boundary and not ask for a contribution. Normally fencing costs are shared however and often in rural situations are on a give and take basis to suit the contour of the land. Here, is there a possibility that you could enter into a mediation with the neighbour to negotiate a fence you both want and restore good neighbour relationships?
The neighbour is very difficult and will not except the fence is his responsibility if the distance from the boundary was'nt so large it would not of been a problem. But an extra half acre is huge for us and allows us a much wider driveway.
If you wanted him to share the costs there is a procedure under the Fencing Act for making him pay half, but if the existing fence is adequate, he would not have to pay. If he is difficult then your own fence may be the answer.
LLB MMgt FAMINZ 32 years qualified as lawyer
the fence that is where he put it is adequate but its 5 m away from the boundary. I feel he did,nt sell us the appropriate amount of land that he advertised and sold as he subdivided the land surely he would have known where the boundary fence should've been for the lifestyle block we bought.
The problem is that when you buy from a subdivision, or when you buy any land, you have an obligation in the standard contract, to check the boundaries. This means the neighbour will rely on this if you challenge this, although possibly there may be an element of misleading and deceptive conduct (which is a Fair Trading Act issue).
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