Most states require that a formal document (such as a “Notice of Notice” or “Fence Notice”) be provided to your neighbor before the tribunal hears the dispute or compels a neighbor to share the cost of a fence .
In deciding in our colleague’s case about the type of fence that is appropriate, the tribunal or court takes into account the type of fence in the neighborhood, the fence that is present, the privacy factors, the purpose of the fence, and whether the proposed fence can be maintained (physically and financially).
If her neighbor decides to build the Colorbond fence anyway or to tear down the old fence and pay for a new one herself, our colleague can apply to the tribunal for an urgent order to stop construction.
For more information, contact Legal Aid in your state or the appropriate tribunal or court.
Alison and Jillian Barrett are both Directors at Maurice Blackburn Lawyers. The Queensland sisters are seasoned lawyers and passionate social justice activists. Alison juggles motherhood and leads an important legal practice. The younger sister Jillian also leads a team of attorneys and has dual degrees in law and journalism.