New Fence - Boundary

on3_cool · Apr 06, 2024 8:15 pm

Hi everyone,

My lot has just been titled and during the settlement we found that the rear pegs were not visible.

We requested for a re-establishment and pegging plan for my lot and it turned out that the rear fence was built 5cm into my lot.

I have requested for the fence to be rebuilt as close as possible to the boundary line. (on-the peg).

The Neighbour has insisted that my side was the "clean" side and it's normal to be that way.

I am in no way understood what's normal / tolerance.

is it really within a tolerance to build the fence that way ? (5cm into my land) OR i have a good ground to ask the neighbour to rebuild it correctly?

dotty · Apr 10, 2024 9:15 am

shalastetok

That sounds like quite a situation with your fence. Personally, I believe that if it's encroaching onto your property, it's only fair to have it rebuilt to sit on the boundary line as per your request. Tolerance is one thing, but 5cm into your lot seems a bit much. Perhaps consulting with fence installation experts could shed some light on what's considered acceptable in these cases.

The fence install experts you recommend are from the UK. Not sure if that'll be helpful for someone in Vic.

DraftRoom · Apr 10, 2024 9:57 am

Hi,

It’s important to keep in mind that dividing fences have thickness, so it’s impracticable to expect them to be wholly constructed within the neighbouring allotment.

Standard timber fence is approximately 153mm thick (post 100mm, rails 38mm, palings 15mm), if provided centre to boundary that would be 76mm inside your boundary.

Blockwork fence is 190mm thick, or 95mm inside your boundary.

Colorbond fence thickness is approximately 70mm (posts), or 35mm inside your boundary.

If the entire fence is constructed within your boundary and this is established by an Identification Survey by a licensed surveyor, then yes, I would also expect this to be rectified or be compensated. First step would be to provide the neighbour with a copy of the survey and note your concerns in writing, and if no resolution is achieved, seek legal advice.

Hope this helps!