I/We have discussed the replacement/building of the dividing fence with my neighbour. “But it’s been there for 60 years!” you say. A dividing fence separates the neighbouring properties. A dividing fence is a fence that divides two properties. It may or may not be located on the common boundary between the pieces of land as this depends on what is agreed between neighbours. It usually lies on the common boundary of adjoining pieces of land, though it can lie mainly or completely in one property. Wallmark supplies easy to install prefabricated modular wall systems. Fencing in Victoria • what type of fence is needed. Generally, dividing fences are present on the common boundary between the two properties. Retaining Walls. 2. Step 1 : Have a chat to your neighbour. Dividing Fences: A Fact Sheet What is a dividing fence? A retaining wall supports or holds back the earth. Justice and Attorney-General, Queensland Government, Notices to neighbours regarding fences and trees, licensed under Creative Commons Attribution 4.0 sourced on 08 February 2021 Disclaimer Our data is published as an information source only, please read our disclaimer . You get a letter from your neighbour (or his lawyer) one day stating that your old galvanised iron fence is encroaching on his land by 10 centimetres. They may also recover either half the cost or whatever the other owner would have had to pay if the notice procedure was followed, whichever is the lesser amount [Fences Act 1975 (SA) s 16(1)]. If you have a fencing issue, navigate to the appropriate section on the right. Australia wide delivery, custom design and co Before you start pulling out the fence posts (or your hair), seek legal advice. In Victoria, the Fences Act 1968 (Vic) (“Fences Act”) makes neighbours jointly responsible for the cost of construction and maintenance of fences. If the boundary fence forms part of a pool fence, the neighbor with the pool has to meet the pool fence requirements. A retaining wall is not classed as a dividing fence. We specialise in cost effective acoustic walls, feature walls and fence panelling for residential, commercial, and industrial applications. For more information about your responsibilities see the Dispute Settlement of Victoria’s website. It is important to note that dividing fences do not generally include retaining walls unless an exception applies. And generally, people often disagree over who pays for the building and upkeep of the fence, or the type of fence needed. I/We have read the Dividing Fences rights and responsibilities brochure. dividing fence is being replaced by a similar dividing fence) or on the side least subject to weathering (if a dividing fence is being replaced by a different type of dividing fence or if there was no previous dividing fence). The only person it would get messy for would be the person with the pool fence that didn't meet the requirements. As we said, dividing fences are one of the most common causes of disputes between neighbours. 4. 3. A dividing fence is a fence built to separate two pieces of adjoining land. The dividing fence might be located off the common boundary if, for example, there is an obstruction or waterway on the common boundary. The Fences Act makes it clear that owners must contribute in equal proportions to a “sufficient dividing fence”. If your neighbour wants a more expensive fence, they will usually have to pay the difference in cost between a sufficient dividing fence and the higher standard. I/We have examined the City of Albany’s Local Law and fully understand what constitutes a sufficient fence for my property. Dividing Fences . The Act outlines: who’ll pay for it; what type to build; what notices to send each other; how to resolve disputes. 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