NSW Remove hedge as fence

[Allbark2024]

We have recently bought a property which has a hedge as a fence. It was planted on the boundary line so no one essentially owns the hedge. We have dogs and need a more secure fence as the hedge is not even slightly dog (or toddler or person) proof. There are large gaps everywhere. Our neighbours don’t want us cutting the hedge and we don’t want the hedge at all. Where do we stand legally on this?

 

[Tim W]

...so no one essentially owns the hedge.

Not correct.
You and the neighbour are jointly responsible for the fence. And yes, a hedge is a fence.

Maybe start here.

 

[Allbark2024]

Yes, I understand the hedge is a fence but it’s not a “sufficient fence” in that we can’t contain our pets.

 

[Tim W]

Yes, I understand the hedge is a fence but it’s not a “sufficient fence” in that we can’t contain our pets.

Correct.
While you are jointly responsible for having a sufficient fence,
the neighbour is not required to meet half the cost of your (so to speak) "need for extra sufficiency".

 

[Allbark2024]

I still think the fence is not sufficient. We cannot use the property like we need to. We have to have our 2 dogs contained in the front section of our block which is not suitable for anyone (a nightmare when people try and deliver a package, knock on the door etc). A colorbond fence where the hedge is would contain our pets (and stop them from running next door and escaping). We would not have bought this house if we’d known this was going to be an issue. According to the relevant fencing Act:

Determination as to “sufficient dividing fence”. In any proceedings under this Act, the Local Court or the Civil and Administrative Tribunal is to consider all the circumstances of the case when determining the standard for a sufficient dividing fence for the purposes of this Act, including the following:

(b) the purposes for which the adjoining lands are used or intended to be used,

Surely we can get a fence if we pay for it.