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John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 4283
Experience:  Family Law, Commerical Law, Property law, Probate & Wills, Employment Law, International Law, Criminal and Traffic Law, Litigation Tribunal & Courts
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My next door neighbour has subdivided his block in Nairne SA

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My next door neighbour has subdivided his block in Nairne SA and I was wondering if the old existing fence height has to be raised and if so who is responsible for this?
JA: What state are you in? It matters because laws vary by location.
Customer: South australia
JA: Has anything been filed or reported?
Customer: No he just told me the fence height had to be raised and we would need to pay towards it
JA: When we are ready I'll take you to the appropriate web page.
Customer: Thanks
JA: Anything else you want the lawyer to know before I connect you?
Customer: No that is the main area of concern thank you

Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

the dividing fence is the responsibility of both owners

however, if the fence was in good condition your have a right of claim against the other owner that the fence needs to be totally paid by that owner as they choose to remove a good fence that was standing without just cause in respect to you.

the fence height must be maintain as per the planning guidelines and neighbour character.

You have legal rights and you can stand firm in this matter.

You can come back to this post any time to ask questions and there will be no further charges to you.

Don’t forget to rate me 5 stars and thank you for using Just Answer.

Customer: replied 9 months ago.
Thanks John
Much appreciated
Regards Sue

you are most welcome Sue

contact me any time .

John Melis and other Australia Law Specialists are ready to help you