Fencing and Boundary Disputes – we know the answers….
Fences and title boundaries are a well known source of disputes, a fence is damaged or removed, a building is alleged to encroach, or a new fence may be wanted – but you can’t see eye-to-eye with your neighbour….We give you a brief insight….
Fences and title boundaries are a source of many disputes
These types of disputes can strike very close to your home, business or investment property.Neighbours can take unauthorised action in removing a fence or damaging a fence and from there it can go pear shaped to a head on dispute to Court.
Alternatively, a new neighbour can come along and carry out renovations and the next thing they may raise with you is an issue about the common boundary line and fence line.
A building permit cannot be issued for renovations on your land or a neighbour’s land when the proposed works extend beyond the title boundary. Thus, this is another source for disputes to arise.
Many factual circumstances can give rise to disputes regarding the fence line and the title boundary line – their position, angle and degree of encroachment.
Adverse possession can also play a role in fencing and title boundary disputes establishing the current boundary between your property and that of your neighbour. Losing land that you thought was your land can be a painful surprise, but not always the case if you get a proper investigation and legal advice.
We have handled many successful fence and boundary disputes and depending upon your circumstances we can give you the right advice to get you onto the right path for protecting your rights and ensuring that you can successfully claim or defend a boundary dispute.
The sooner you get information and take appropriate action the more likely you are to achieve the desired outcome. Boundary disputes are best not left as something to be done at a later time, especially when the neighbour has encroached upon your land.
The Fences Act 1968 prescribes legal rights and entitlements with respect to common boundary fences and establish a framework for the orderly management of fences between neighbours and the resolution of disputes.
Each case must be fully considered upon its own particular merits and circumstances. SSmith & Associates have the skill sets to ensure you get the very best expert bespoke legal assistance ensure your rights are protected to the full extent of the law.
Call us to make an appointment on 0418 173 681.