Neighbour Fence and Hedge Disputes in NSW
A dispute over the common fence with your neighbour can trouble you every single day.
We have been instructed to assist our client resolve a dispute in relation to the shared hedge and fence amicably.
We are instructed that the hedge has been growing for many decades and our client has been unable to determine from whose side of the property the hedge originates. Notwithstanding this, it is our view and we argued successfully that both parties are equally liable for maintaining the hedge and the boundary fence separating the properties. It is important to note that in our case the hedge was established well before both parties purchased their property.
Which Law Applies to Fence Disputes
The leading legislation is the Dividing Fences Act 1991 (NSW), which applies to dividing fence disputes. Many fence disputes are determined in the NSW Civil and Administrative Tribunal. See NCAT for general information.
Trees and Hedges: When the Land and Environment Court Can Help
For tree and hedge disputes, parties who cannot resolve matters can apply to the Land and Environment Court under the Trees (Disputes Between Neighbours) Act 2006. The Court’s practice information explains steps before the preliminary hearing, at the preliminary hearing, and at the final hearing, including evidence requirements. See the Court’s resources at the Land and Environment Court. While this option is being considered by our client, we are not instructed to proceed with an application at this stage.
Resolve Matters Amicably
As neighbours, it is important that parties do everything they can to settle peacefully. Our focus is to resolve without expensive adversarial litigation where possible. In line with our recommendation, the matter was taken to free mediation at the local Community Justice Centre (CJC). The conflict management services successfully assisted our client to reach an agreement recorded in a mediation statement.
Need Help
Should you have any queries please do not hesitate to contact our office and one of our team members will be happy to help.
