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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44671
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I need advise on Fencing Law in the Northern Territory in

Customer Question

Hi There,
I need advise on Fencing Law in the Northern Territory in regards ***** ***** the cost. I have at the moment a builder who I consented to use only water as part of helping out. He is building a multiple dwelling and so I think he is required to fence the property. Since he is wanting to use more water and power now included my worry is that my bill would go off the roof. He threatened to invoice us half of the fence if he will not agree to his demands.
Submitted: 1 year ago.
Category: Australia Law
Customer: replied 1 year ago.
Just to add that he built a retaining wall and the mesh fence is sitting on top of it.No written notice has been made to us about the fencing.
Customer: replied 1 year ago.
He is not an owner-occupier but claims he owns the property.
Expert:  Leon replied 1 year ago.

Good Afternoon

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.

I am confused. The builder is doing work for you or another party?

A retaining wall is not a fence and the costs are not shared.

Is the fence and the retaining wall to be one?

Customer: replied 1 year ago.
Hi Leon, the builder owner is adjacent to my property who is building a multiple dwelling. My property is right next to him.The chain mesh and retaining wall is only one where the fence is sitting on top of it.
Customer: replied 1 year ago.
He is building his investment property
Expert:  Leon replied 1 year ago.

Good Evening.

Here is some information about fencing in NT

You have to pay for half of the fence. The retain wall is an issue. The law is not clear on this and it is the same in all states. If the wall forms part of the fence you may be liable. Otherwise he has to pay for the wall.

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.



Customer: replied 1 year ago.
I have seen this already. However my point is that he is not an owner occupier and that this is for investment purpose and that this is tax deductible.
Expert:  Leon replied 1 year ago.

Good Evening.

If he owns the land that is all that is required.

He does not have to live there to ask you to pay fro 50%.

His share is a capital expense and is not deductible is forms part of the purchase price. Only repairs are deductible. Putting in a fence is not deductible.

Customer: replied 1 year ago.
Hi Leon,Thanks for this.
I have checked the measurements and the actual retaining wall is actually 100mm away from the fence line and the actual chain mesh fence (sitting on top of the retaining wall) is actually 180mm away from the fence/border line.
So, would it be safe to assume that since the wall and the fence falls under his property I shouldn't be forced or legally obliged to split the cost for the chain mesh?And if so, am I entitled to get paid as a reimbursement?
Expert:  Leon replied 1 year ago.

Good Afternoon

He has placed it on his land and he cannot seek any contribution from you.

He has to give you notice of the intention to build a fence and seek your contribution before he does the work. If he has not done that you are not liable to pay anything.

If you have paid you may have a problem getting back the money without a court order and the court may not wish to make any such order.

Customer: replied 1 year ago.
Hi Leon,Could you please check link if this would still be the same case as what you are saying?
Expert:  Leon replied 1 year ago.

Good Afternoon

My position has not changed

In the article you have given me look at the heading formal procedures

If this does not happen and the fence is put up then the party that put it up is going to have difficulty getting any money