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?
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
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