Hi there. The laws regarding fences and boundaries in Tasmania are set out in the Boundary Fences Act 1908 (Tas). Under this legislation, owners of adjoining land must join in or contribute to the building of a fence between the two properties. The cost is to be split as agreed between the parties (usually in equal amounts), or as otherwise determined by a third party arbitrator. If a boundary fence needs to be repaired, the land owners on either side are equally liable for the cost of repairing the fence.

In your situation, this means that you will most likely be responsible for half the cost of building the replacement fence. As you are contributing half the money, you would have a say in the design of the fence, including whether an emergency exit is included. If you are not contributing to the cost of the replacement fence, then your rights may be limited.

If you are not able to resolve the matter directly with your neighbour, then you have the option of taking the matter to arbitration. Arbitration is a form of dispute resolution conducted by an independent third party called an arbitrator. The arbitrator will make his or her decision (called an ‘award’) and the parties are legally bound by this decision. Alternatively, you may want to use mediation to resolve the dispute. Mediation also involves an independent third party, but the decision is not legally binding on the parties.

It is also worth investigating whether you have an easement over part of your neighbour’s property. An easement is a special legal right that you may have over your neighbour’s land that improves or benefits your land. Specifically, you may have a right of access over your neighbour’s land where the emergency exit gate is located if it is necessary for you to access his or her land in the event of an emergency. If you an easement exists, you will have certain legal rights that can be enforced against your neighbour. An easement may be registered or unregistered. If it has been registered, it will appear on the Certificate of Title for your land, a copy of which can be obtained from your local land titles office.