NSW NSW – Can I Recover Fence Costs Without Pre-Construction Notice If Neighbouring Land Had No Owner?

[Amphx]

Hi all,

In Feb 2024, I built a dividing fence and retaining wall along the boundary between my residential lot (Lot A) and a vacant neighbouring lot (Lot B) in Box Hill, NSW.

At the time, Lot B had no registered owner, so I couldn’t serve a fencing notice under the Dividing Fences Act 1991 prior to construction.

The lot was later sold to a construction company. In April, I contacted them with the contractor’s invoice and requested 50% payment ($497.20). Despite multiple follow-ups and a phone conversation, they still haven’t paid. I’ve now issued a final email notice and advised that I will be lodging an NCAT claim.

Question:
Am I still entitled to recover half the cost through NCAT even though a fencing notice wasn’t served before construction—because there was no owner to serve it to at the time?

Any advice or similar experiences would be appreciated.

Thanks!

 

[Tim W]

What land was it, that it had no owner?
Land always vests SOMEwhere - otherwise, it would be impossible to buy or sell it.

 

[Amphx]

Land belonged to the developer at the time. Developer advised that I need to wait for land to be sold and request from owner of the lot for payment of fence.

 

[Tim W]

Well of course he did - he doesn't want to have to pay for it !