NSW What is "the Crown" in legislation

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GC.

Well-Known Member
26 October 2015
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What is meant by "the Crown" in legislation?

I am looking at the NSW Dividing fences act and it says that
"This Act does not operate to impose any liability, or to confer any rights, with respect to dividing fences on:
(a) the Crown"

The neighbouring property is owned by the NSW Land and Housing Corporation (basically, housing commission) and I was wondering if they were liable for half the cost of a replacement fence, or if I will have to pay for the entire cost. The neighbouring property has a house on it and a housing commission tenant living there.
 

Rod

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27 May 2014
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In the situation you described the Government is acting like a business and would generally be held to the same laws as the rest of us. I'm not familiar with the NSW Fencing Act but would be surprised if the Housing Commission is not liable for half the fence.

The 'Crown' you referred to is the government acting in its role as a government, and can include fences bordering crown land.
 

Tripe

Well-Known Member
22 May 2017
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With a dividing fence between your house and a commission house, you will have a 50/50 share of costs.
Approach the commsion and
They will have a cost per meter that they allow for fence replacement.

From previous experience, if you provided the labour, their contribution easily covers material costs.

A commsion house in theory, is a privately owned residence that is privately owned by the govt (normally state govt) and in theory can be sold at anytime.

The "Crown" reference is normally public land, think about where your front fence (if you have one) fronts the nature strip at your house, you pay 100% of This fence construction, as their is zero requirement for local or state govt to contribute to the installing or maintenance of these fences that fronts public land.
 

Rob Legat - SBPL

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16 February 2017
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Also check to see what your state's rules are about maintenance and upkeep on the fence once constructed, particularly if you opt for a higher grade fence than the neighbour agrees to. For example, if your neighbour agrees to a basic fence and you foot the extra cost to have a higher quality one erected, you may become liable for a higher proportion of the costs of repairs and maintenance.