We have a significant dispute with neighbours on a largely unfenced boundary, thinking of options . Question is can a local court or NCAT overide a covenant , if the covenant fencing restrictions themselves do not allow what the Local Court or NCAT considers a 'sufficient' fence? The existing covenant (from 35 years ago in a residential area of a town) prohibits 'timber paling' and 'sheet metal' fences for example (although council advises a solid 1.8m fence is appropriate in this particular situation and LEP allows breaking of covenant) .
In other words does the local court or NCAT have some reserve type of power that means they must (if satisfied) order a 'sufficient' fence even if the covenant prohibits it?
Can we request say a masonry fence (which might be a lot more expensive for both parties) in light of covenant restrictions?
Does 'sheet metal' (prohibited in the covenant) , which probably meant old roofing metal 35 years ago, prohibit colorbond fencing today?
Would appreciate advice on this and suggested best course of action.
In other words does the local court or NCAT have some reserve type of power that means they must (if satisfied) order a 'sufficient' fence even if the covenant prohibits it?
Can we request say a masonry fence (which might be a lot more expensive for both parties) in light of covenant restrictions?
Does 'sheet metal' (prohibited in the covenant) , which probably meant old roofing metal 35 years ago, prohibit colorbond fencing today?
Would appreciate advice on this and suggested best course of action.
