What is the law covering fences?

The Dividing Fences Act 1961 (“The Act”) covers the rights and obligations of adjoining land owners in relation to “dividing fences”. A dividing fence is a fence that separates the lands of different owners. The Act obliges adjoining owners whose land is not divided by a “sufficient fence” to construct a sufficient fence to divide their properties. The Act also provides for the repair of dividing fences. The Act does not interfere with the rights of adjoining owners to enter into a private agreement about a dividing fence. Your local government may also have local laws that cover fencing matters, such as the types of materials that can be used, the maximum and minimum height of fences, any special provision for corner lots such as truncations, whether fences can be erected forward of the building line and if so on what conditions, etc.





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