Fence Boundary ?
- Thread starter windsor
- Start date
middle of the fence structure
I would say so, if the post is as thick as the pailing part/s - which from your picture looks to be.
my thoughts would be the palings would represent the boundary line..
posts can be various sizes usually 120x75 ..
so i would say the fence posts may be on either side of someones property depending on exisitng erection of surrounding neighbouring fences .. typically between your left and right side boundary fences 1 will be paling side shown other post rail
posts can be various sizes usually 120x75 ..
so i would say the fence posts may be on either side of someones property depending on exisitng erection of surrounding neighbouring fences .. typically between your left and right side boundary fences 1 will be paling side shown other post rail
Does anyone have any legal information to back this up? Or are people just assuming?
If it's 'the middle of the structure'....is it the middle of the total width of post and palings? Or middle of palings?
Even more important question...does a cm or 2 really matter? What shoddy neighbours if it does!
If it's 'the middle of the structure'....is it the middle of the total width of post and palings? Or middle of palings?
Even more important question...does a cm or 2 really matter? What shoddy neighbours if it does!
I don't think it's specified that exactly; I think they're assuming a modicum of common sense applies.
Why do you ask, windsor? Because if this is a dispute about maintaining the boundary fence, the location of the boundary is somewhat irrelevant... the cost of repairing/maintaining/replacing dividing fences is shared between the neighbours whose property it separates, irrespective of the exact location of the boundary. ie You can't say that the fence is entirely on the neighbours' property so not your problem.
Why do you ask, windsor? Because if this is a dispute about maintaining the boundary fence, the location of the boundary is somewhat irrelevant... the cost of repairing/maintaining/replacing dividing fences is shared between the neighbours whose property it separates, irrespective of the exact location of the boundary. ie You can't say that the fence is entirely on the neighbours' property so not your problem.
From what I have been told and I have no evidence to back this up, just word of mouth from the fence installers, its the blue line.
One side gets the paling and other side gets the post and rails.
The boundary is between at the centre of the Palings and Posts, which defines the boundary between two properties.
One side gets the paling and other side gets the post and rails.
The boundary is between at the centre of the Palings and Posts, which defines the boundary between two properties.
.... unless the fence has been out of position for 7 years or more - in which case, the neighbour with more of your land can claim it and have titles changed, but they need your permission to do so.
it's a great bargaining chip when it comes to building multiple boundary walls along a neighbour's boundary, or building higher than allowed, or in a bulk unbefitting to the streetscape, etc.
the dividing fences act 1961 (section 8b) says the fence must be on the common boundary - it doesn't stipulate which part of which fence is on which part of the common boundary. HOWEVER your local authority may have extra-over regulation to stipulate the position of - post & rail / colorbond / super six / post and wire - fences.
just because somethign is "generally accepted" doesn't mean it's right.
may pay to double check.
it's a great bargaining chip when it comes to building multiple boundary walls along a neighbour's boundary, or building higher than allowed, or in a bulk unbefitting to the streetscape, etc.
the dividing fences act 1961 (section 8b) says the fence must be on the common boundary - it doesn't stipulate which part of which fence is on which part of the common boundary. HOWEVER your local authority may have extra-over regulation to stipulate the position of - post & rail / colorbond / super six / post and wire - fences.
just because somethign is "generally accepted" doesn't mean it's right.
may pay to double check.
Exactly.
If you had the boundary surveyed the fence should be erected in relation to the pegs set out by the Surveyors.
Regards JO
Hi there,
My husband is a Surveyor. In his experience, fences are errected anywhere anyone pleases. It is open to many interpretations.
It SHOULD,however, be erected according to a Surveyor's Boundary Survey. Now, where the fence is positioned in relation to the pegs is anyones guess and only the two guys that did it will know. If the pegs are still there, you can work it out yourself. If they are not, then another Survey will tell all.
Regards Jo
My husband is a Surveyor. In his experience, fences are errected anywhere anyone pleases. It is open to many interpretations.
It SHOULD,however, be erected according to a Surveyor's Boundary Survey. Now, where the fence is positioned in relation to the pegs is anyones guess and only the two guys that did it will know. If the pegs are still there, you can work it out yourself. If they are not, then another Survey will tell all.
Regards Jo
Where the Surveyor says it is: We are trying to say the fence is irrelevant.
regards Jo
Where the Surveyor says it is: We are trying to say the fence is irrelevant.
Josko,
I think what windsor is try to say is:
I know where the fence line is - it is a thin line. But when I erect the fence which is much, much thicker than the survey line, do I put all the fence on my side of the line? or on the neighbours side of the line, or in the middle (i.e. posts on my side of the line and palings on the neighbour's side.
That's why I just went middle - so both neighbours get equal amounts of fencing materials on their own land.
But after this post - I'm out
Josko,
I think what windsor is try to say is:
I know where the fence line is - it is a thin line. But when I erect the fence which is much, much thicker than the survey line, do I put all the fence on my side of the line? or on the neighbours side of the line, or in the middle (i.e. posts on my side of the line and palings on the neighbour's side.
That's why I just went middle - so both neighbours get equal amounts of fencing materials on their own land.
But after this post - I'm out
Thank You, Should have written it that way from the start. And now does anyone have an answer??
