Q – Dividing boundary fencing provisions and liaison with your neighbour.
Neighbour agreement may be required prior to making any changes to a dividing fence.
Dividing fences are covered by the Dividing Fences Act 1961 (the Act) which deals with the construction and maintenance of dividing fences in Western Australia. The Act provides a process for sharing costs between neighbours, the determination of boundaries and a mechanism for courts to deal with disputes over dividing fences in specific instances.
Dividing fence matters and the above legislation are administered by Department of Mines, Industry Regulation and Safety (DMIRS) website which provide details on owner responsibilities. It is suggested you liaise with your neighbour verbally and follow up any agreements in writing relating to a dividing fence dispute. Example letters are available from DMIRS.
The Shire is unable to direct your neighbour to construct a sufficient fence and has no statutory ability within the Dividing Fences Act 1961 to direct or provide adjudication of costs or repairs.
If you do not know the name of the owner of the property next door, you may be able to get neighbours details by:
- Checking with the tenants or property manager if the property is rented or leased.
- Performing a land title search through Landgate
Further information can be obtained from the Department of Mines, Industry Regulation and Safety (DMIRS) website.