fence question

Hi all,

i have found a property that has subdivision potential but. the boundary fence between the neighbour and the property is about 4 metres inside the boundary line. i'm guessing the fence has always been there. i was wanting to know because the property has legal title of the land. how difficult would it be to rip it down and build a new one on the actual boundary line?

i haven't spoken to the neighbour but i'm very keen on buying the property just unsure on how expensive this matter could be.

Cheers
 
You're entitled to position a new fence on the correct boundary, but I believe that in the absence of any other problem with the fence, other than its location, you'll have to wear the entire cost.

The legislation says - broadly - that if a dividing fence isn't on the boundary, then for the purposes of fencing, its position is the agreed boundary.

If the fence has had it, anyway, then you can position the new fence in the proper location and the neighbour will be obliged to pay half.

But if you're only replacing the fence because you want to correct the position and/or because you're developing, you'll have to pay the entire cost.
 
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