Having a fence war with your neighbour? Polite and civil discussions may help. However, if you have a spiteful neighbour, no amount of decency will get you out. Knowing your rights in such a situation prove pretty beneficial. Keeping fence wars at a minimum is a necessity. Are you not reaching a requited conclusion? Are you informed about the legal proceedings you can undertake to dissolve such a dispute? Should you be consulting fence dispute lawyers? Let your worries take a backseat for a while. Read on to understand fence disputes and how to deal with them.
What are fence disputes?
A fence looks like the most harmless thing seated right outside your door. Unfortunately, a fence issue can soon transform into an ugly courtroom fight. The easiest way to settle such disputes can be holding a mutual agreement between you and your neighbour. Although, if they are bent on aggravating the matter, it’s time you take some necessary steps. A fence dispute can arise out of;
- Repairing issues
- Boundary issues
- Fence damage
- Replacing shared fence issues
- Privacy concerns
Irrespective of the side of the fence you are responsible for, disputes can be a severe cause of stress and tension. In case it gets worse, consult a property lawyer quick.
What are fence rules?
Fences have a defined set of purpose that is required to be met at all costs. For instance, a dividing fence has to meet the need of ensuring division and privacy. The property holders on each side have to agree on mutual terms when concerned with repair or replacement issues. Boundary fences are shared property. So, before initiating any fence-related construction work there has to be;
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- A mutual agreement between neighbouring residents
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- A court order grant
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- A scenario where the neighbouring landowner is undetectable
How to settle a fence dispute?
In the preliminary stage, a fence dispute can be solved without seeking out extreme measures such as a court lawsuit. Let’s explore the steps that can be taken to reach a conclusion.
1. Raise the issue – First, talk to your neighbours about the concerned fence issue. It is best to reach a mutual agreement with your neighbour. If your neighbour has a problem with you regarding repair payments, listen and decide. If you feel you are right in your decision since the fence looks fine to you. Stay firm on your stand. If the neighbour is refusing to pay up for fence damages, negotiate. Discuss your concerns at length. There has to be effective communication to reach a mutual decision.
2. Send a Fence Notice – In cases of a firm stand on both sides, it gets problematic to reach a mutual agreement. In such cases, the dispute is left unsettled. This calls for a fence notice. In case your neighbour disagrees with your stance, you may send a notice. Suppose you have a privacy concern due to a damaged boundary fencing. But, your neighbour is intent on not paying to secure the fencing.
You need to send them a fence notice which states fence repair proposals with detailed information addressing your grievance. In case you receive a fence notice, you are provided with 30 days to respond. If you refuse to defer from your stance, then the matter might be taken to court. You or they may attempt to settle it mutually as well.
3. Mediation – In all cases, avoiding court proceedings is usually wise to cut down on unnecessary cost. Courtroom discussions take a lot of time and effort. If a fence dispute can be brought to peace, it should be. Involving a professional might come in handy. Suppose you reside in a property in West Australia and are currently encountering a fence war. Your neighbour is entirely reluctant to settle. Consulting WA property lawyers might be a relief! Getting a professional to mitigate an issue over being at constant loggerheads? Yes, please! A property lawyer may effectively help settle the case outside court. This saves you money, time and efforts.
4. Send a Letter – If all else fails, it’s time to let your neighbour know about a potential lawsuit. The unfortunate part about dragging local disputes to court is an ugly neighbour relationship. Although, if the fence disputes are really serious, like a privacy concern arising out of it. Such concerns need to be resolved. Send them a letter through your lawyer. It retains the seriousness of the issue. In most cases, neighbours finally pay up or reach a mutual settlement. In cases otherwise, going to court is the only valid option.
5. File the Lawsuit – The last on the list – Lawsuits. This is a time-consuming affair. Filing a lawsuit is a lengthy process. The decision may take forever. Time and costs are a further add-on. In case you are filing a lawsuit, talk to your local lawyer. Engage an experienced lawyer with maximum winning case records. Opting for a local lawyer is recommended since they are informed about local and state laws. If you choose randomly, you may end up hiring someone with limited knowledge and mediocre skills. This will cause you a lot of financial trauma.
One, you lose the case. Second, you have to pay up extra. Third, you pay the lawyer a good deal of money for literally nothing. It is necessary to do your research before entertaining any kind of legal actions. A lawyer with a good reputation and relevant specialisation is the pathway to a reasonable settlement. If you are opting to choose from the best property lawyers in Perth, prioritise qualification and experience.
Fence disputes can be epic but nevertheless annoying. Although, most of the times, a mutual agreement is reached by the end of everything. Some cases might stretch to courtrooms. It is crucial to assess community fence laws prior to discussions, though. It is necessary to stay aware and informed as well as associate with knowledgeable lawyers.
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