Can Council Make Me Move My Fence?

Larthur321 on 10/10/2020 - 20:19
Last edited 10/10/2020 - 20:20

We had a new colourbond fence and a small retaining installed about 5 years ago, the new fences replaced old ones in the exact same position.

We have since done some renovations and the survey shows that the retaining wall and fence are 40cm over the boundary line.

The land the fence is on is a council owned lane, council now wont provide us with a construction certificate for our renovation even thow the renovations are internal and have nothing to do with the fence.

Do I have any rights to dispute this ruling with council?

Any help would be much appreciated because moving the fence would be a big job.

Home & Garden

Comments

    • Lord Fart Bucket on 12/10/2020 - 13:22

      Or… if it borders a footpath, move that footpath 40cm, as well as the neighbours fence on the other side of the footpath.
      Claim to be on your own tectonic plate is another option?

  • slow on 12/10/2020 - 16:55
    +1

    Rule no 1 of building a new fence or anything else on your boundary - make sure it is in the right place

  • dcash on 12/10/2020 - 17:07
    +1

    Depends on your council I guess. My neighbours built a new fence when building their new house, and it encroached on my property. I contacted council and when they finally showed up they said, "Too bad, it's already there now. Maybe if you'd told us before the fence was constructed, but it's too late now." Wtf, right?

    • redslert on 12/10/2020 - 21:08

      By how much?

      • dcash on 12/10/2020 - 23:06

        As I recall they installed their water tank on the fence line, forgetting that eventually a fence had to go back in. So it's probably off by about a foot at the worst point, because there's still a reasonable gap between the fence and water tank.

        • Trance N Dance on 13/10/2020 - 08:17

          If the fence is sitting entirely on your property then can't you just tear it down without anyone's approval?

  • stingyashell on 12/10/2020 - 17:10

    so many times i get surveyor plan and the fence never line up with the property boundary it normally off by 10-20cm. Very common for old house.

    • redslert on 12/10/2020 - 21:03
      +1

      10cm is semi-reasonable.
      40cm is massive!

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