My land, my fence?

[crest133]

After buying a property, owning it for 2 years, I don't like the side fence my neighbour has built between the two properties. (fence is about 50 years old). It doesn't suit the style of my building. I want to build my own style side boundary fence instead, just for that 10 metre section, so I don't have to look at theirs.

The fence is red brick pillars and base with faded green timber palings in the spaces. So it goes right across their front boundary, then takes a 90 degree turn and continues as our dividing fence for about 10 metres, then becomes a metroll fence. (They must've run out of bricks or money at that point 50 years ago.)

My question is :

Does anyone know if I can build my own fence of my own style, colour and size, at my own expense, wholly on my land, not encroaching on theirs, perhaps as close as say 200mm to the boundary line ?

Can I do this without Council or neighbour permission ?

Any ideas ?

Any suggestions or info would be very much appreciated.

crest133

 

[Ricardo29]

http://www.lands.nsw.gov.au/NR/rdon...88-BC76-FA8A87F69A24/0/dividing_fences_v2.pdf

may help ??

 

[yadreamin]

I had a problem with a dividing fence once but it was due to privacy not looks.
Its a touchy issue and one must tread carefully.We could have put up a higher fence 6 inches inside the existing fence at our expence.You should check with your council though. Lucky we settled our problem with adding onto the fence height but we did get the neighbours to approve what we had chosen first. That way no ongoing issues.
Start making light conversation about the fence with the neighbour see where it takes you.
cheers yadreamin

 

[Ricardo29]

http://www.dhw.wa.gov.au/Files/fences_booklet03.pdf


this is an excellent info source on all things 'dividing fences'.
its west aust, but would be safe to assume each state is very similar / and produces similar documents.

 

[skater]

I have seen a house that had two fences, in a similar manner as that. Can't say if it was legal, or had to be appoved though. Sorry.

 

[lizzie]

what is it about the fence you don't like? could you render/paint your side and repaint the palings? put blueboard/paint up on your side in the "paling" gaps and render/paint the bricks so that it looks like a solid fence from your side ... or are you after something gentler?

 

[MrB]

Yes you can build a fence or wall within your own land. Of course it will then be entirely at your own expense. Have a surveyor mark the boundary to ensure that you are building within your own land.

Your Council will allow certain heights and types of fence to be built without needing Development Approval. They may have more restrictions on what you can build between the house line and the street alignment. Check with them. If what you want to build needs a DA, then your neighbour will be notified and could object to your proposal, however the Council will make the decision.

 

[crest133]

Thanks everyone for the info, links and suggestions. Extremely helpful and much appreciated.
I don't like the fence Lizzie because it is too different from and clashes with the style of my own building, and exactly matches the neighbour's building, makes me feel like my place is an afterthought or an odd mismatching annexe somehow.
I can't see any way to moderate the style of their fence, and I am quite sure the neighbours will not co-operate with any compromise because the fence exactly matches their house. I want my place to have its own style within its own boundaries, not to feel like one is standing outside the front gate of the neighbouring property when one is really only facing the side boundary. No pun intended, but as a side boundary, it's too confronting, overbearing and only suits one property.
I'll check with Council on their adjoining property fences regs, post some feedback here, and go from there. Thanks again
cheers
crest133