– KEY TAKEAWAYS
- Fence disputes can be common among neighbors in Perth due to confusion or disagreement over property boundaries.
- Resolving fence disputes in Perth requires clear communication, understanding of property boundaries, and a willingness to find compromise. By following the outlined steps and seeking appropriate assistance, you can navigate these conflicts amicably and preserve neighborly relationships. Remember, peaceful resolutions lead to happier and harmonious communities.
- Beers with your neighbour are so much better than arguing with your neighbour. Be cool, talk to your neighbour.
Fence conflicts among neighbors in Perth can strain relationships and potentially lead to legal complications. It is crucial to have the knowledge and skills to handle these disagreements effectively, fostering resolution and maintaining good neighborly relations.
Understanding Property Boundaries
Thoroughly Research Property Title and Survey Plans
Acquire a copy of your property’s title and survey plans from your local council in Perth. Familiarise yourself with the official boundaries of your property.
Engage an Independent Building Inspector
If you have uncertainties about the precise location of your property boundaries, it is advisable to enlist the services of an independent building inspector who can accurately survey and perform a fence inspection.
Engage in Respectful Communication with Your Neighbour
Be cool! That’s our first advice. We’ve attended at so many fence inspections for a fence dispute, and these things can get really heated. Initiate open and respectful communication with your neighbour to discuss the issue at hand. Share your findings and genuinely listen to their perspective, aiming to find a mutually agreeable solution.
Seeking Mediation or Legal Assistance
If direct communication fails to yield a resolution, consider involving a professional mediator. Mediators can facilitate discussions between parties and assist in finding a compromise that satisfies both sides.
Local Dispute Resolution Services
Contact local dispute resolution services, such as the Western Australia Dispute Resolution Centers, which provide free or affordable mediation services to help resolve conflicts.
We really hope you haven’t got to this point because enjoying a cold beer with your neighbour is so so much better than arguing over a fence, but if you’re reading this, all other attempts may have proven unsuccessful. So, consult a property dispute lawyer who specialises in fence disputes. They can offer guidance regarding your rights, obligations & potential legal avenues available to you.
Documenting and Collecting Evidence
Take clear photographs of the disputed fence, emphasising any damage or issues. Capture multiple angles to create a comprehensive visual record.
Correspondence and Communication
Keep a detailed record of all written correspondence, emails & text messages exchanged with your neighbor regarding the dispute. These records can serve as valuable evidence if legal proceedings become necessary.
If there were witnesses present during any discussions or incidents related to the dispute, request their contact information and inquire about their willingness to provide statements if required.
Maintenance and Repair Responsibilities
Refer to the dividing fences act 1961
Familiarise yourself with the dividing fences act 1961 pertaining to fence maintenance and repair responsibilities in Perth. Keep in mind that these rules may vary based on the fence type and its location.
Engage in a discussion with your neighbour about the shared responsibility for maintaining and repairing the fence. Reach an agreement on cost-sharing, taking into consideration local regulations and the principle of fairness.
Consider drafting a written agreement with your neighbor that outlines the shared responsibilities, costs & any agreed-upon repairs. Ensure that both parties sign the agreement for clarity and future reference.
Fence Replacement Options
If the fence is beyond repair or irreparable, discuss with your neighbor the possibility of replacing it together. Aim to reach a mutual understanding regarding the fence style, materials & costs involved.
Obtain Multiple Quotes
Seek quotes from reputable fencing contractors to compare prices and services. Share the obtained quotes with your neighbor and jointly select a contractor that satisfies both parties.
Formalise the Agreement
Once a decision is reached, document the agreed-upon terms, including the contractor’s name, the chosen fence design & the respective financial contributions.
Resolving Fence Disputes Amicably
Compromise and Negotiation
Approach the dispute with an open mind, prioritising the search for a middle ground that satisfies both parties. Be willing to negotiate and make reasonable compromises. We rerally can’t emphasise this point enough! So many fence inspections we perform in Perth could have clearly been resolved if both parties just relaxed a little and had a chat over a beer (yes, beer solves everything).
Assistance from a Mediator
If communication becomes difficult or emotions escalate, involving a professional mediator can help facilitate productive discussions and aid in finding a resolution.
Maintain Neighbourly Relations
Remember that fostering a good relationship with your neighbour is crucial. Even after the dispute is resolved, make an effort to be mates with your neighbour. It’s important for your quality of life.
The Final Say
Resolving fence disputes in Perth requires clear communication, understanding of property boundaries & a willingness to find compromise. By following the outlined steps and seeking appropriate assistance, you can navigate these conflicts amicably and preserve neighbourly relationships. Remember, peaceful resolutions lead to happier you and ahappier neighbour. Oh, and did we mention it also results in beers with mates?