Dividing Fences: Three Critical Issues to Address before Installing a Residential Fence
If you have acquired new property, you should think about installing a new fence around the boundary. This structure will separate your undeveloped land from the adjoining lot, protecting the value of your asset. Also, this feature will minimise the possibility of disputes with neighbours on the usage of their land. However, you should not be quick to erect posts or plant brush for your hedge without preparations. In general, there are regulations which govern the construction and maintenance of dividing fences. If you build a structure without proper planning, you might have to deal with serious legal issues. Here are the critical issues that you should address before installing your fencing.
Specific Position of the Boundaries
In ideal circumstances, a dividing fence should be at the boundary of the adjacent properties. This practice of building the structure at the middle eliminates the disputes which will arise if one party discovered that their land is being used unfairly. Therefore, you should have your property surveyed before starting your fence erection project. The survey process will help you have an accurate vision of your property space. Moreover, it will help you avoid unexpected disputes. You should note that you can choose to build the fence on your property. However, the neighbour might still have ownership rights, depending on local regulations.
You should speak to your neighbour before building any fencing structure. An open discussion will help you minimise the risk of legal complications and disagreements. You should note that the obligations of the neighbour concerning a dividing fence will depend on the local regulations. However, you cannot force the other party to contribute to the construction expenses without court orders and proper notices. Also, even if you decide to pay for everything, you might need to get consent from the other party for construction.
Finally, you should inquire about the need for building or development approval for your new fencing. You can petition for the information from your local council or ask a contractor. If your fence is not a significant development according to the regulations, you will not need to apply for a permit. However, high barriers or ones built with masonry stones might not be exempt.
If you are facing problems or disputes involving boundaries or your dividing fences, you should consult an experienced land surveyor. The expert will help you understand the technical aspects of the disagreements, and the information provided could be critical in avoiding escalation of the pertinent issues.