Can I replace my Neighbours broken fence?
Unless the existing fence is causing a safety hazard on your side, there’s very little you can do to force your neighbour to repair or replace it if they don’t want to.
Can someone take down your fence?
The answer to this question relies entirely on who legally owns the offending fence. If it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence.
Is painting a Neighbours fence criminal damage?
Can I Paint my Neighbours Fence? Your neighbour is perfectly within his or her rights to tell you that he doesn’t want you to paint the fence, even if in your opinion in sorely needs some tidying up. It could be classed as criminal damage if you were to carry on regardless.
How do you apply for a fencing order?
The order can cover: how the costs of the fencing work should be divided between neighbours. To apply for a Fencing Order, you must fill in an application form and pay a filing fee. An application for a Fencing Order can only be made if a Fencing Notice was served by you or your neighbour at least one month earlier.
What happens if my neighbour gets a fencing order?
If your neighbour made an application for a Fencing Order at NCAT you will be served with (given) a Notice of Conciliation and Hearing. If your neighbour made an application for a Fencing Order at the Local Court, you will be served with a copy of the application which will have a date for the mention.
What can I do if the other owner refuses to repair my fence?
If the other owner objects you may apply to the nearest Court of Petty Sessions for an Order. If the other owner does not object within 14 days, you may repair the fence and you will be able to recover half the cost of repairs from the other owner.
What are the most common disputes over fencing?
According to Richard Berckelman, who runs fencing contractor All Day Fencing, the most common disputes he sees are over location, type and cost of the fence and the fence height. Carl Weiss, a fence builder based in the western Brisbane suburb of Brookfield, says,