GOOD FRIENDS: Solving a fencing dispute allows neighbours to remain in each other's good books.
GOOD FRIENDS: Solving a fencing dispute allows neighbours to remain in each other's good books. tbgrant

Good fences make good neighbours

JANE and Toby purchase a new house but unfortunately, one of the fences on the boundary is rotting away and is in a dilapidated state.

They approach their neighbour, Fred, to discuss building a new fence but he is unwilling to contribute to the cost of fencing.

He also says if a fence is necessary at all it should be post-and-wire fence and not Colorbond as proposed by the new neighbours.

So, Jane and Toby ask their solicitor for advice and are informed if they cannot reach agreement with Fred they would need to apply to the Local Court or the NSW Civil and Administrative Tribunal for an order.

They also tell their solicitor they believe the current fence is not on the boundary and are advised to obtain a survey to clarify this issue.

The solicitor also advises them they can attempt a mediation at the Community Justice Centre with a view to avoiding the costs involved in litigation as this process normally doesn't involve solicitors.

Jane and Toby serve a formal notice on Frank regarding the construction of a fence which allows them apply for a court order after the expiry of one month.

A mediation is conducted and Fred ultimately agrees to the construction of a Colorbond fence and the removal of vegetation along the fence line.

Both parties obtain quotes and decide to proceed with Fred's quote which is significantly cheaper.

If you would like Manny to address a particular legal issue send your request to manny.wood@ticliblaxland.com.au or call him on (02) 6648 7487.