› Flat Chat Strata Forum › Community Title › External boundary fences › Current Page
I am not a lawyer and you probably should speak to one. However, if my memory serves me well, there are a variety of divisions of responsibility based on ownership of the land on either side of the fence.
Generally, if the land on one side of the fence is private property, and the other side is common property, fence maintenance is shared between the lot owner and the Community or Precinct Association. If both sides are common property then the Association is entirely responsible. If both sides of the fence are owned by lot owners, then they are responsible.
For an external fence, it would be whoever owned either side of the fence – such as an adjoining landowner on one side and the Association on the other EXCEPT if the other side of the fence was Crown Land in which case the fence would be the entire responsibility of the Association.
The exception to all the above would be if the Community, Precinct or Neighbourhood Management Statement defined the boundary fence as commonon property, lot owners property or some other combination thereof.
[See Kiwi Paul’s post above for a simpler definition]