What is a Dividing Fences case in Western Australia?
A dividing fences case in Western Australia is a legal dispute between neighbouring property owners over the construction, maintenance, or repair of a dividing fence between their properties. The dispute may involve issues such as the cost of the fence, the type of fence to be built, and the responsibility for maintenance. The Dividing Fences Act 1961 of Western Australia lays out the legal framework for resolving such disputes, including procedures for mediation and arbitration.
What are the steps in a Dividing Fences case in Western Australia?
The steps in a dividing fences case in Western Australia are as follows:
- Notification: One property owner must give written notice to their neighbour, proposing to construct, repair, or maintain a dividing fence.
- Negotiation: The two parties must then negotiate in good faith to reach an agreement on the fence.
- Mediation: If the parties are unable to reach an agreement, they can request mediation through relevant agencies in Western Australia.
- Arbitration: If mediation is unsuccessful, either party can apply to the Magistrates Court for arbitration. The Court will appoint an arbitrator to determine the dispute.
- Court: If the parties are still unable to reach an agreement, either party can apply to the Magistrates Court for a determination of the dispute.
- Execution: Once the dispute is resolved, the parties are required to carry out the terms of the agreement or determination.
It’s important to note that each step should be followed in order, and some steps may not be necessary if an agreement is reached before the next step is needed.
How can a Dividing Fences lawyer help?
A dividing fences lawyer can assist property owners in resolving disputes with their neighbours over the construction, repair, or maintenance of fences that divide their properties. This can include issues related to the cost, design, and placement of the fence, as well as questions of liability and responsibility for damages.
The lawyer can help clients understand their rights and obligations under the relevant state or local laws and regulations governing dividing fences, and represent their interests in negotiations or court proceedings. They may also help clients navigate the process of mediation or arbitration, which can be an effective way to resolve disputes without going to court. Additionally, they can help clients understand the legal complexities surrounding dividing fences and provide guidance on how to avoid disputes in the future.
The Lawyers at Rebus Legal can provide advice and act for you in these matters. Call our 1800 732 875 number and take advantage of a free 15-minute consultation.