Neighbor’s Renovation: Can They Replace Our Fence with a Garage Wall? (Melbourne)

BrantRaven on 14/03/2025 - 00:25
Last edited 15/03/2025 - 14:30 by 1 other user

I'm looking for some advice and general guidance on a property boundary issue.

My neighbor is planning to renovate his property, and everything is still in the planning and design phase.

The houses don’t align perfectly with the boundary on the title, and I technically encroach on their side. This has been the case for as long as I’ve owned my home (20 years). Over time, the common paling fence has effectively become the recognized property boundary, which I believe is a common situation in the area.

As part of the renovation, my neighbor wants to build a garage up to this existing boundary. However, to do so, he intends to remove a 7-meter section of the fence and replace it with the brick wall of his garage—meaning his garage wall would effectively become my new fence.

This raises some legal and practical concerns about property boundaries and ownership responsibilities. While I have no issue with him building up to the fence, I don’t understand why it needs to be removed, considering I co-own it. I don’t believe it can just be taken down without my agreement.

I'm not concerned about aesthetics, and I genuinely want to work with my neighbor on this. However, I do have concerns about the implications of these changes. I'd appreciate any thoughts, advice, or suggestions.

Thanks!

DBR

Home & Garden

closed Comments

  • gromit on 14/03/2025 - 15:21
    +1

    amusingly the fact you stated the current possession of the land is with the neighbours knowledge means it is automatically NOT Adverse possession as one of the tests is a requirement that the actual owners of the land were not permitting you to use it, the neighbours knowing and letting it continue means you have no claim.

  • serpserpserp on 14/03/2025 - 17:27

    Why would you want a fence immediately in front of a very high brick wall anyway?

    When my neighbor built townhouses next to me they left a 1cm gap between my garage and their garage wall. While I didn't like the idea initially, it has turned out to be fine. I think a lot of people just don't like change.

    Besides it would be fun if you contested his build and then he legally within his rights knocks down your wall for encroaching on his property!

  • LFO on 14/03/2025 - 17:29

    From a similar situation: if "your property" is encroaching his/hers property you might be asked to shift the fence to the proper boundary. So if he/she does it for you it will be a (fringe) benefit to you.

    Perhaps hiring a licensed and competent Land Surveyor will help.

  • lonewolf on 14/03/2025 - 17:44
    +2

    I am quite surprised at the nonchalant attitude the OP has towards taking a part of the neighbours land but then so much interest in making sure on what they do on their property. If It was me and i knew i was already for free using a part of my neighbour's property, I would be more than happy to accommodate them where i can and stay on their good side especially since they could decide to claim back what belongs to them.

    • LFO on 15/03/2025 - 12:03
      +1

      I am quite surprised at the nonchalant attitude the OP has …

      And quite amazingly the whole thread has changed title name, description, content and direction.

      Amazingly strange.

  • dontboopthesnoot on 14/03/2025 - 17:46

    annexed the neighbours land

  • Logical on 14/03/2025 - 19:56
    +2

    My kids enjoy kicking their soccer ball against the neighbours garage wall.

  • dono2 on 14/03/2025 - 20:24

    Ask grok

    In Victoria, under the Fences Act 1968, a boundary fence is typically jointly owned, and replacing it with something like a garage wall is allowed if both owners agree.

    Here’s the short version:Your neighbor can’t unilaterally replace the fence without your consent or a formal Fencing Notice.A garage wall can legally serve as a “dividing fence” if it meets basic requirements (e.g., height, suitability), but it’s still a shared boundary structure.They’d need to cover costs unless you agree to contribute.

    So, yes, it’s allowed with your approval. Talk to them to confirm the plan and sort out responsibilities. If you disagree, they’d need to escalate it (e.g., Magistrates’ Court).

    • JimmyF on 14/03/2025 - 20:46

      Now do it again, for when the fence is in the wrong spot.

  • foolsgold on 14/03/2025 - 21:45
    +1

    architect in Victoria here, yes it is completely and perfectly within code to replace a timber paling fence with a wall on boundary, there are limitations to how much wall on boundary and how high the wall on boundary (3.2m high average).
    to my knowledge I don't believe you have any means to contest/refuse it either.
    and if this upsets you, wait to you hear about the new regulations starting next month! their bedroom windows can overlook straight into your property, height limits relaxed etc.

    • tenpercent on 15/03/2025 - 12:01

      wait to you hear about the new regulations starting next month!

      High 5 the neighbours before going to sleep to celebrate the extra 50cm of living space you both get with the new regs that turn suburbia into ghetto land. Isn't that what everyone wants to do every night?
      I love Australian suburbia. /s

  • dtxau on 14/03/2025 - 22:50
    +8

    Hahaha @BrantRaven, couldnt take the heat and bailed…..

    Posted here so everyone can see:

    "I'm looking for some advice and general guidance on a property boundary issue.

    My neighbor is planning to renovate his property, and everything is still in the planning and design phase.

    The houses don’t align perfectly with the boundary on the title, and I technically encroach on their side. This has been the case for as long as I’ve owned my home (20 years). Over time, the common paling fence has effectively become the recognized property boundary, which I believe is a common situation in the area.

    As part of the renovation, my neighbor wants to build a garage up to this existing boundary. However, to do so, he intends to remove a 7-meter section of the fence and replace it with the brick wall of his garage—meaning his garage wall would effectively become my new fence.

    This raises some legal and practical concerns about property boundaries and ownership responsibilities. While I have no issue with him building up to the fence, I don’t understand why it needs to be removed, considering I co-own it. I don’t believe it can just be taken down without my agreement.

    I'm not concerned about aesthetics, and I genuinely want to work with my neighbor on this. However, I do have concerns about the implications of these changes. I'd appreciate any thoughts, advice, or suggestions."

  • CocaKoala on 14/03/2025 - 23:06

    You don't want the neighbour to construct in their own property so that you could keep encroaching? Is that it?

    The answer is NO.

  • CalmLemons on 15/03/2025 - 00:46

    The neighbour actually needs to build right on the boundary by planning regulations, they can't actually build 20cm away or 40cm away. I believe they either need to be 1m away (or thereabouts) or they literally need to be on the boundary.

    I believe the rational is to negate dead space between properties, imagine 30cm between two buildings and someone gets stuck. A 1 m gap is at least usable for access.

    Yes, it's not ideal, but you'll get used to it.

  • paulojr on 15/03/2025 - 00:48

    I just one to share one idea with the OP here.

    When your neighbour uses their legal right (with permits) to build on the boundary for their wall please DO NOT make life difficult for them.

    If they decide to use brick, and your make it difficult for them, they will not bother to finish the outer side of the wall (e.g. rake the motar), bricklayers are educated to do this because it then avoids them stepping onto the hostile neighours property while they work. Then you have a lovely roughly finished wall to stare at for life.

    Be nice, offer them to work on your side and encourage them to make the side facing you look finished. If your really nice and bring cake and donuts, maybe you can even discuss how the wall might be finished with them.

  • Muppet Detector on 15/03/2025 - 01:44

    or they literally need to be on the boundary.

    Where do their gutters go?

    Not allowed to use air space over neighbour's property, so need to use air space over yours.

    If you can't fit in a 30cm gap, don't be a muppet and try to fit there!

  • AndyC1 on 15/03/2025 - 08:36
    +9

    OP has taken his bat and ball and gone home half way through the match… Bad form.

    • try2bhelpful on 15/03/2025 - 09:23

      Happens a lot.

      • AndyC1 on 15/03/2025 - 11:52

        1000% agree.

    • mrwoo on 15/03/2025 - 13:24
      +1

      That kind of stunt should lead to a ban, IMHO.

  • drfuzzy on 15/03/2025 - 11:49

    I was surrounded by neighbours like the OP when I was building on a tight inner city block.

    Don't step on my property. Don't take down the fence. Don't build on the boundary (despite having a permit to do so). You'll damage my concrete, trees, etc, etc.

    And it went on and on for years.

    Now I watch with horror as they combine NIMBY forces and attack the latest person to try to build in the street. They have a WhatsApp group to coordinate and send piles of ChatGPT generated complaint letters to the council and anyone else who will listen.

    • tenpercent on 15/03/2025 - 11:57
      -1

      Oh no. Someone is opposed to investors turning every suburb into a sh*tty second rate ghetto.

  • IpGem on 15/03/2025 - 12:34
    +3

    I have nothing at all left to say on the matter

    Lol what a way to vent out

  • airtime on 15/03/2025 - 13:10
    +4

    Poor form to post asking for answers and views and then use edit to remove content and title. Especially when it seems you have done so because the responses are, on the whole, not what you were wanting.

  • Moderatorscrimshaw on 15/03/2025 - 14:29

    Thread closed

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