NSW Fencing order by consent - time limitation

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Sarah53

Active Member
9 July 2024
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Hi,

Can anyone confirm if my reading of the following section is correct. I read this as to say that if no time is specified in the fencing order by the Court or Tribunal for works to be done, then the time is 3 months from the date of the order? If it is outside of the three months do you have to apply for a new fencing order? Thanks

DIVIDING FENCES ACT 1991 - SECT 15​

Enforcement of agreements and orders

15 Enforcement of agreements and orders​



(1) If an agreement is reached by adjoining owners or an order is made by the Local Court or the Civil and Administrative Tribunal and an adjoining owner bound by the agreement or order fails within the required time to perform his or her part of the agreement or to comply with the order, the other adjoining owner:
(a) may carry out the fencing work as agreed on or as determined by the order, and
(b) may recover from the defaulting adjoining owner the amount agreed or ordered to be paid by that adjoining owner or (if the agreement or order does not specify the amount to be paid) half the cost of the fencing work carried out.
(2) The
"required time" is the time specified in the agreement or order or, if no time is specified, within 3 months after the making of the agreement or order.
 

Atticus

Well-Known Member
6 February 2019
2,033
299
2,394
If it is outside of the three months do you have to apply for a new fencing order?
If there's no agreed upon time limit & neither party has done anything within the default 3 months then the order/agreement has lapsed .... In that case you'll have to start the process again...

Is this a new fence as a result of finding out the original fence was not installed on the true boundary or just a new fence or repairs?

If the former, then your adjoining owner still has an obligation to disclose the incorrect boundary in their form 1