Fencing Dispute with Neighbour
The client is involved in a fencing dispute with a neighbour who owns vacant land. The issue arises from the neighbour's refusal to contribute to the costs of installing a boundary fence. The client seeks guidance on the obligations and rights related to fencing cost contributions under Western Australian law. The primary concern is resolving the cost-sharing aspect of the fence installation with their neighbour.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are the legal obligations of a neighbour on vacant land regarding contributions to a shared fence in Western Australia?
Under the Dividing Fences Act 1961 (WA), both landowners are generally responsible for contributing to the cost of constructing and maintaining a dividing fence, even if one property is vacant. A "sufficient fence" usually meets local council requirements or is commonly accepted in the community. The responsibility to contribute is based on the benefit to both properties, regardless of occupancy. You may need to issue a formal notice to your neighbour for cost-sharing purposes.
How can I formally notify my neighbour of their responsibility to contribute to the cost of the fence under the Dividing Fences Act 1961 (WA)?
To formally notify your neighbour, serve them a "Notice to Fence." The notice should include details of the proposed fence, the estimated cost, and the dividing line where the fence will be erected. It is advisable to do this in writing and keep a copy for your records. If your neighbour does not respond within 21 days, further actions may be taken through the Magistrates Court.
What steps can I take if my neighbour refuses to contribute to the fencing costs after being notified?
If your neighbour refuses to contribute, you can apply to the Magistrates Court for an order determining their liability under the Dividing Fences Act 1961 (WA). Ensure you have a record of all notifications and attempts to resolve the issue amicably. The court can order your neighbour to pay a fair contribution based on the fence type and their share of the boundary.
Are there any specific requirements or standards that the fence must meet according to local council regulations?
Local council regulations require that a dividing fence complies with the Dividing Fences Act 1961 (WA). The fence must be a "sufficient fence," which is defined by local council guidelines or by agreement between neighbours, typically involving aspects like height, materials, and structure based on residential standards.
If the dispute escalates, what are the potential legal avenues for resolving the matter, and what are the costs and timeframes associated with each option?
If the dispute escalates, mediation through the local community mediation service may provide a quicker and lower-cost option. If mediation fails, you can apply to the Magistrates Court for a resolution under the Dividing Fences Act 1961 (WA). Court proceedings can be more expensive and may take several months to resolve.
