New cases on which the court may issue orders include: the time in which fencing work should be carried out; The person doing the work The line that is the common border; and that each party stops or stops behaviour that can damage (or unduly damage) a separation fence. The Fences Amendment Act provides a procedure for owners to resolve border disputes related to fencing activities. The purpose of the procedure is to ensure that only one surveyor must be involved in a border dispute and to settle disputes relating to the payment of the costs of the investigation. Under the Pre-Amendment of Fences Act, responsibility for the execution of fencing work and the contribution to the division of the fences rests with the occupants of the land. The Fences Amendment Act defers this responsibility in most cases to landowners, recognizing that a separation fence represents an improvement in the land that the owner most often benefits from. No, if you and your neighbour have accepted the fencing work and all the other work that needs to be done, then no fencing decision is required. You can accept the work in . B sign an offer from a fencing contractor. If you agree this way, you don`t need a fence. There are a few exceptions to the definition of „owner” and therefore to the closing of responsibilities. For example, municipal and other councils that own or operate land for the purpose of a public park or public reserve are excluded and the crown exemption from the distribution of fencing between the Crown and adjacent lands remains unchanged. If you and your neighbour disagree on the location of the common border, one of you can give a notice of border measurement.
This can be given simultaneously with or after a closing notice. It sets out your intention to have the common border defined by a licensed surveyor, unless its location can be agreed upon. The Fencing Act also provides that a City Council or other institution or person owns or manages land for the purposes of a public park or reserve, that it is not considered an „owner” under the Fencing Act and therefore there is no need to participate in the closing of fences for a fence between that land and private land. The communication on fences contains proposals: the line on which the work is to be carried out; The nature of the work to be done The person who is to be in charge of the work An estimate of costs and contribution quotas. You can give the closing notice in person to your neighbour or mail it in. If the fence has been damaged or destroyed and the circumstances require urgent fencing, the owner may carry out the urgent work without notice if the circumstances make it unfeasible. The adjacent owner remains responsible for half of the costs, but may be reviewed later by the court or district court. The Fences Amendment Act specifies that the Court of Justice has the power to hear and rule on unfavourable property rights arising from fencing disputes, but otherwise the right to the right to pending ibility remains the same. A notice of closure is a formal document containing a proposal for the construction or repair of a separation fence or other work. The provisions of the Fencing Act contain a pro forma note that you can use to cover all the details necessary for your neighbor. This pro forma closing note (external link) is also available on the Dispute Centre`s website (external link). Some local elevation limits contained in fencing laws apply to natural fences of bushes or trees.