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My next door neighbour has subdivided his block in Nairne SA…

My next door neighbour...

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?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

South australia

Lawyer's Assistant: Has anything been filed or reported?

No he just told me the fence height had to be raised and we would need to pay towards it

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

Thanks

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No that is the main area of concern thank you

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Answered in 5 minutes by:
2/22/2018
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,522
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

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.

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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.

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Customer reply replied 5 months ago
Thanks John
Much appreciated
Regards Sue

you are most welcome Sue

contact me any time .

John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,522
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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