VIC Where To Place New Fence? REPOST 1

[Happy Chappy]

We have not received a response to date hence the repost.

We have a written agreement with our neighbour to build a new dividing fence along the title boundary separating both our properties (land). There is no existing fence. The fence will be constructed from treated pine posts connected with wire mesh along one side of the posts. A land surveyor has pegged out the title boundary where the dividing fence is to be constructed. A qualified fencer will be engaged to construct the fence.

The neighbour and myself are uncertain where the treated pine posts are to be correctly placed by the fencer.

1. Are the posts positioned along the centre of the title boundary line as pegged out by the surveyor?
2. Or, are the posts positioned so that the wire mesh is aligned with the title boundary line?

According to the Fences Act 1968, it defines a dividing fence (in part) as a fence that is located on the common boundary of adjoining lands but it does not make it clear where the fence posts are to be placed along that boundary line.

We would greatly appreciate a response. Thank you.

 

[Rod]

Read this: Fencing law in Victoria.

 

[Alcyone]

Did you ever manage to find this out? Which way did you end up going? I would love to know the legal answer to this because if there isn't one, then the Victorian Government needs to seriously address this because it's the cause of so many disputes. I would have thought that the fence itself, not the posts nor the rails, would be along the boundary line. People have things on their side of the fence pretty close and to go from a metal post and rail fence with gal corrugation, your looking at maybe 110mm width. But if you take that fencing out and put colorbond rails in place of the old rails, then the person with the rails on their side would lose approx 60mm of real estate. So in your case, I guess one person has to have the posts on their side and the other one has a straight run of wire. The wire should be the dividing line otherwise people can't use their actual property. Does that make sense? It's a but unfair in one regard but that way, no matter what new type of fencing is put up, the fencing sheets themselves are the property line.