Fence Boundary

Hi,
Simple question I thought but can't find an answer on the web anywhere. Need to replace fence between us and next door and they would like to swap the palings over to our side of the fence but leave the posts in the same line along the boundary. Someone once told me that the face of the post where the palings are attached is the boundary between properties....so this could mean we lose about 6 inches of our property? Is what I was told correct?
Hope someone can answer. Thanks.

As I understand it, the boundary is the boundary, the fence is just a fence. The position of the fence does not alter the legal boundary.
Assuming the fence posts are actually on the legal boundary you have nothing to worry about. Does that extra few cm of the width of the post bothers you?
If the fence posts are not actually on the legal boundary and you or your neighbour benefit from if, there could in future be a claim for adverse possession after 15 years (some states are 12), which could result in the fence being declared the new boundary.
see: http://www.anewhouse.com.au/2013/12/how-adverse-possession-can-affect-buying-a-block/

All you probably need to do to avoid this ever being a problem is to send your neighbour a letter saying you agree to the new fence, but the new fence should in no way be assumed to be the legal boundary, then keep the letter in a safe place.

Of course I am not a lawyer, this is merely my opinion.

They would have to be stunningly thick posts to lose 6 inches!

Besides, would the new posts go in the exact same holes? The new ones may go slightly more towards the neighbor if you switch the face side.

Are you even certain the current fence line is the boundary?

And as I understand it, you're going to get the better looking side of the fence! A normal fence post is only about 2inches thick so you wouldn't lose much. 4 inches at most if they are 4" square posts.

Fence posts have to be quite wide actually...measured them at 12cm plus nearly 2cm for thickness of the paling which comes in at just under 6 inches. A 2 inch wide post would never hold a fence up. Also as we have a garden and trees along the boundary, losing those 6 inches would be difficult.
So, If anyone out there has an answer to my original question re which side of the post is generally the boundary, that would be great.

Thanks for your replies so far.

Our boundary runs through the middle of the fence posts. If yours is the same the max land you'll use is the thickness of the colourbond or the paling. Palings on your side will probably look better

Our boundary is in line with the palings. When replacing the fence you are supposed to have palings and rails remain on the same side they were originally, unless you and your neighbour agree.. however when you are unclear as to where the boundary is located, then you should not relocate any part of it unless you are prepared to get a survey done to reestablish the boundary line.

We replaced our fences, however one side had difficult access and it was easier for the fencer to swap the sides of the palings... But the palings stayed in the same location - it was the posts and rails that moved so that the palings remained in line with the boundary. Our neighbour was fine with that. We had our boundaries reestablished anyway so we and all neighbours were able to see where the boundaries were and string lines were run along by the fencer to make it clear. The original fence had the palings in line and so does the new.

You'll lose the use of some of your land if you swap the palings over and leave posts in the same location. I wouldn't agree to it. Our fence posts were also quite large so it would have made a substantial difference in the boundary location.

All this above is pie in the sky talk. Unless you have a survey done by a certified property surveyor and he/she has pegged the boundary to the nearest mm then it is all hearsay. Fences are notoriously unreliable especially in older suburbs. I've been involved in a couple of situations where the fences have been 0-300mm off the legal boundary.

Stewie

Hardly. Ours was surveyed if you read what I wrote.

....thanks Bluesuede for clearing that one up

um... Your point?

Um...yeah
what WAS your point?

I was responding to Stewie who told me my post was pie in the sky stuff. Not sure why it warranted your snide little comment and eye roll but thanks for contributing. I guess it made you feel important to pop in and make a smartarse comment, so thanks for that, appreciate the feedback.

Bluesuede, I was aiming my post at the OP and reiterating what you were saying about a survey being done. I should have made it clearer.
What did you pay to have your boundaries surveyed ? Just for info for the others here.

Stewie

I was just basing the ~2 inches on what my fences are.



It's actually about 2.5" having just measured it, but we have over 100m of paling fence along both side boundaries, still going strong.

If you already have gardens and trees along the boundary then they may be forced to dig new holes more on the neighbors side

I always thought the boundary was meant to be the mid-point of the fence, if it's 150mm wide total, 75mm should be on each side, but I could be wrong.

Good luck either way! Ultimately you could just refuse to flip the paling side? Why do the neighbors want the post and railing side anyway? Most prefer the straight paling side!

No worries.

It was actually surveyed twice because the first time the surveyor marked the two rear boundary corners on the actual fences that were being removed... (yeah obviously didn't think that one through) so had to come back and do it again after they were pulled down. The surveyor fees were included in the builder's contract sum for the KDR to reestablish the boundaries for the build so I don't have a figure unfortunately. The fence had to be replaced as part of the conditions of contract as it was quite dilapidated.

No, the surveyor didn't think that through or was lazy.
The guy that does all my work puts a couple of hardwood pegs in the ground 1m off the boundary with a nail in the top that marks the exact boundary.
Or in substantial rock, on a concrete path or measures it off an existing structure etc.

Stewie

That is utter rubbish. When a post/paling fence is built, the post positions are decided first. They go directly on the boudary line. Whether the paling offset encroaches slightly is irrelevant - you cannot be done for adverse posseion over that. The fence posts are the boundary.

I questioned my local council here in adelaide as i was looking to put a fence slightly inside the boundary fence on my side of the property,and they said no worries,and the neighbour doesnt need to be notified nor have a say in the matter if i pay for it,which is good if you dont see eye to eye or they dont want to pay etc etc ,and im sure the real boundary doesnt change either