This information is contained in the Fencing Act 1978, so what does it mean to you? A fence under the Act is considered adequate if its nature, condition and state is satisfactory for the purposes it serves. There are different types for fences for urban and rural properties. If there is no dividing fence and you want your neighbour to contribute to the cost then you are required to serve notice. The notice must;
1. State the boundary along which the work is to be done.
2. The work to be carried out - identifying the nature of the work and materials to be used.
3. What will happen if the neighbour doesn’t reply.
4. Estimate of the cost involved.
The best approach is to discuss the matter openly with your neighbour and the majority of the time you will find most people are obliging, and will come to the party to pay half of the cost.
The neighbour has 21 days to either:
1. Confirm they will contribute half of the cost or
2. Or dispute the cost and serve a notice back outlining their objections and make a counter proposal.
If the neighbour does not respond within 21 days, the law will treat the neighbour as accepting the proposal.
If you and your neighbour can not come to an amicable resolution then the dispute could be resolved through the disputes tribunal or district court.
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