thread: Adjoining fence rules ....some advice please - sorry its a bit long!

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  1. #1
    Registered User

    May 2005
    Canberra
    3,617

    The fence goes on the fenceline. If he wants it moved, he can put it on his side but not on yours if you don't agree. And a retaining wall on the fenceline is actually the downhill side's responsibility. At least in our council area it is as we have had this problem being on the low side and the wall/fence was starting to lean towards our house. We had to fix the retaining wall ourselves but the fence was joint.
    This. He cannt just move the fence. If he has an issue he would have to move the sleepers.

  2. #2
    Registered User

    Dec 2006
    In my own private paradise
    15,272

    Yup retaining wall is his responsibility. You've done the right thing by him putting in sleepers in the fence line. You do t have to do even that. He should be doing it in his side.

    We are in a rental and quite significantly higher than the next door neighbour (they dug out to put those land on the level, big built up to put ours in) - a retaining wall was never put in in their side and we now have a gap almost big enough for one if the kids to go next door without getting stuck. I pointed it out to the real estate at our inspection recently and she is following up with the owners of the other property as it is not ours (or our landlords) responsibility to fix it. Thankfully the same re manages both properties so at least it will get addressed...

    Don't let him bully you into doing anything. Make sure all future agreement is I writing for the sake of both parties. Fencing disputes can cause major issues so cover yourselves with all agreements in writing and signed by both parties!