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NSW Putting Up Fences under Property Law - Need Neighbour's Consent?

Discussion in 'Property Law Forum' started by Netta, 30 September 2015.

  1. Netta

    Netta Member

    30 September 2015
    Likes Received:
    Under property law, can I put up a new fence on my own property leaving the current fences intact with my fence directly near it when the neighbour is so far reluctant to have a new fence even though I'm happy to pay all costs? Would I still need neighbour's consent? Could I just put up a trellis on the old fence without any neighbour consent instead?

    I'm hoping the continuing negotiation with my neighbour is successful but I want to have suitable alternatives and suggestions. The NSW law access said I needed consent to put on my property but I don't think I explained properly and it takes ages to get anyone on their phone to ask again.

  2. Therese

    Therese Well-Known Member

    11 October 2015
    Likes Received:
    Hi Netta,

    I was unable to locate anything in the Dividing Fences Act 1991 in relation to building a fence on your land near the original fence however my understanding is that it is most likely possible as you are not affecting the neighbour or the current fence in anyway.

    In regards to putting a trellis on the old fence I would suggest trying to seek advice from Law Access. Even if it is on your side of the fence there may be some regulations and restrictions as to what you can do.
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