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TAS Property Law - Possible to Retain Gate When Building New Fence?

Discussion in 'Property Law Forum' started by Kevron, 1 July 2016.

  1. Kevron

    Kevron Member

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    I am erecting a new boundary fence & wish to retain a gateway (has been there since original fence) as an emergency exit. Adjoining owner says "no, cut the fence if and when necessary".

    I am elderly, widowed, live alone & a pensioner. If my current entrance becomes inaccessible, I have no other way out or for emergency vehicles to enter my property should the need arise in an emergency situation. I have offered to pay in full for a new gate to replace the current one - do I have the right under property law to do this seeing that the gate exit has been there for the past 50 yrs?
     
  2. Victoria S

    Victoria S Well-Known Member

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    Hi Kevron, you do have a right to get what you want since you are paying for half of it ( and in full for the gate). Its up to you to negotiate the repair of the fence with your neighbour - therefore you may need to bargain hard to get what you want. If you can't agree, you can go to mediation or arbitration.
     

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