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When building or repairing fences both parties should agree on the style, cost and timing of the necessary works. The Fences Act provides a formal process for resolving of fencing disputes including the issuing of a fencing notice. Costs should be shared but taking a disagreement to the Magistrates Court could cost more than the sum in dispute.
Introduction Fence disputes are the most common type of dispute between neighbours. Disagreements over fences may relate to: These factors include the existing dividing fence if any ; the purposes for which the owners use the adjoining lands; reasonable privacy concerns; and the types of Fences critical review fences used in the local area.
The Fences Act provides guidance on initiating fencing works, contributing to fencing works, determining the type and placement of a dividing fence to be built, and provides a clear process for the resolution of fencing disputes.
How to get a fence built or repaired A starting point for the construction and maintenance of suburban fences is that both neighbours are responsible for the fence. If you want to build, replace or repair a fence, the first thing you should do is to discuss it with your neighbour.
You should attempt to reach agreement on: Note that the Fences Act states that the rails and framing should be placed on the same side as the previous dividing fence if any.
In all other cases, the rails and framing should be placed on the side least subject to weathering. Owners can agree among themselves on which side they should be placed.
You should talk to your neighbour about these issues. If it is not urgent, it may be worthwhile giving them some time to think about these issues, especially if there are any points of difference that need to be worked through.
If dealing with a neighbour makes you anxious or uncomfortable, it can be difficult to enter into discussions with them. Arranging for a fencing contractor to provide a written quote at this early stage is worthwhile, as it can assist in identifying issues that may give rise to a dispute.
You can not go ahead and build or repair a dividing fence unless you have reached an agreement with your neighbour or you follow the processes in the Fences Act.
The fencing notice forms the basis for the owners to negotiate and agree about fencing works. If you and your neighbour have agreed to the fencing works and any other works that need to be done, then a fencing notice is not required.
A fencing notice is a legal document that formally advises your neighbour that you would like to build a new fence or repair an existing fence and that you would like your neighbour to share the cost. The fencing notice should be in writing and set out: You can draft your own fencing notice, and you do not need a lawyer.
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An example fencing notice is available on the DSCV website. Fencing contractors are another source of fencing notices.
Fencing notices can be given personally to your neighbour or by post. However, sometimes issuing a fencing notice can cause a dispute to escalate. So depending on the situation, it is advisable to try to talk to your neighbour first. Even when an owner is seeking no contribution from their neighbour for the construction or repair of a fence, they must reach an agreement with their neighbour or follow the fencing notice procedure.
If your neighbour has responded to the fencing notice and agrees to the details concerning the fence, you can proceed with the fencing works. However, a court order will be required if you wish your neighbour to contribute to the cost of the works.
Urgent repairs If a fence needs to be repaired urgently and it is impracticable to give your neighbour a fencing notice, the Fences Act allows an owner to undertake the works without giving notice. If an owner who has undertaken urgent fencing works wishes to seek a financial contribution from the adjoining owner, they must give their neighbour an urgent fencing notice, setting out matters including the nature of the works that were undertaken, how much they cost, the amount being sought, and the reason for the urgency.
Examples of urgent fencing notices are available on the DSCV website. If two neighbours do not have a fence between them that is adequate for the purposes of both of them, they must both pay for a fence to be built or repaired.
Usually, they would each have to pay for half of the cost of the fence. The Fences Act makes it clear that if one neighbour wants a much larger or more extravagant fence than the other, the position is different. It would then be up to the neighbours to reach an agreement between themselves as to how they should share the cost.
If they cannot agree, only a court is empowered to make an order to resolve the deadlock. Although a 50—50 split of fencing costs is the starting point for most negotiations, if you anticipate resistance from your neighbour, it is worth considering offering to pay a little more to assist to resolve the dispute, particularly if a new or repaired fence is a high priority for you.
If you live next to land occupied by the government or council e. You will have to pay the whole cost of building or repairing the fence.
However, long-term tenants are sometimes required to contribute to the cost of fencing works, depending on the unexpired term of their lease see table below. A long-term tenant is only liable to pay if they receive the required notices under the Fences Act.Ben Brantley, Charles Isherwood and other New York Times Critics on the plays and musicals currently open in New York City.
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