VIC Where To Place New Fence?

[Happy Chappy]

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.

 

[Tim W]

Which of you minds where the posts go?

 

[Happy Chappy]

Which of you minds where the posts go?

Nobody minds where the posts go. We want to make sure we do not create a future legal problem for either party. We are concerned that if in the future one of us sells our land and a new owner conducts a land survey and discovers the fence is not on the title boundary, it will create an unnecessary hassle.

 

[Happy Chappy]

Would somebody like to respond to my original enquiry? Thank you.

 

[Alcyone]

I wish they would too. I guess there isn't a law for it? Common sense would dictate that the boundary line divides your properties and thus in the physical world, the fence pailings or sheets divide your properties, so it would be the fence sheets wouldn't it? So the answer given was kind of right. One of you must choose which side the posts go on because the fence (wire mesh in your case) would be placed along the property line. The posts would be placed on one of the properties. Sorry for the late reply but I'm just going through this myself too. Did you get it sorted?