A member asked almost 9 years ago

Privacy Wall

Is a next door neighbour allowed or have the right to attach a post of their front fence to a privacy wall INSIDE OUR PROPERTY?

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. The Dividing Fencing Act 1991 (NSW) deals with fencing disputes in NSW and regulates neighbours’ responsibilities towards dividing fences. The Act is designed to settle the contentious aspects of sharing a fence. It provides for the way in which shared fencing is to be built and paid for. You mentioned that your neighbour has attached a post to a privacy screen which is on your land. Dividing fences between properties are generally supposed to run along the land boundaries. If your neighbour is placing an object significantly over your land, you should speak with them about where an appropriate place for a dividing fence should be. The Dividing Fences Act encourages neighbours to come to their own agreement about a fence. Because of this, we encourage you to speak with your neighbour. It may be that they are mistaken about the exact placement of the title boundary, in which case you can provide them with information about it.


Suggested way forward

If you cannot come to an agreement with your neighbour, you should speak to a lawyer who is an expert in fencing disputes so that you can be sure of your rights and obligations. By pressing the "Take Action" button through LawAdvisor we can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services

Answered over 8 years ago   Legal disclaimer

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