Do dividing fences agreements have to be in writing?

The best way of maintaining a good neighbourly relationship and complying with the requirements of the Dividing Fences Act 1961 is to enter into an agreement with the adjoining owner. The Act provides that agreement between owners for the erection or repair of fences overrides the legislative provisions. Verbal agreements through informal discussion are often reached by adjoining owners discussing the options on fencing matters.

Although informal discussions are okay, it is always beneficial to have any agreements reached, in writing. This clears any ambiguity and clarifies any point of difference. It can also be used later to show what has been agreed if the matter comes before mediation, arbitration or the courts.






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