Question:

Legality of erecting a fence

by Guest63162  |  earlier

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I live in the pine rivers shire I would like to know is it illegal to erect a fence or part fence of wood etc no more than 2 meters high on our side of the boundary if there is already a wire fence up between properties , our neighbors have removed it once and said that it must be mutual agreement for it to happen.

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  1. look into the the coeds if in subdivision and laws there. if on your property i would say it is legal . and if they take it down i would call the law. as long as you know it is definately in you boundaries then they would be trespassing and destoying your property . id make them put it back up .  


  2. If there is already a wire fence, then obviously a fence per se is legal.  That being the case, you are permitted to install whatever type fence you like on your side of the boundary.  It is customary, but not legally required, for the two parties to agree in style of fence (and also share the cost).

    If your neighbour removes your fence again, call the police and have them charged with vandalism.


  3. I take it you are in the UK.  Do you have a Citizens Advice office where you can ask?  Baring that, you need to check with a local solicitor who deals with property rights law.


  4. If you're talking about the Pine Rivers Shire north of Brisbane, Australia, have a look at the Dividing Fences Act 1953 at http://www.austlii.edu.au/au/legis/qld/c...

    You will see that, by s.7, if the boundary between your land and your neighbours is not divided by a "sufficient fence" you are both under an obligation to contribute equally to fence the boundary. If you look at the other provisions of the Act, you will see that you can force them to pay half, and they are wrong to say that there must be a mutual agreement for it to happen.

    If you want to erect a fence on your side of the boundary, you can do what you like as long as it complies with your Council requirements but you may have to bear the whole cost yourself.

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