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Topic
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I live in a 2-unit strata & we have agreed with our neighbour, to replace the fence on 1 boundary. The strata plan has separate gardens for each of the 2 units and the fence runs along 30 metres of my garden and about 5 metres of the other unit’s garden. Do we split our half of the bill in the ratio of 30:5?
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Replies
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Payment for the fence depends upon whether it’s a dividing fence between your two (2) Units or a boundary fence between those two (2) Units.
Check your Strata Title Plan; dividing fences are usually shown as broken or dotted lines, and a boundary fence is shown as a heavy (thick) line.
Payment for dividing fences is shared between Owners, usually in the ratio 50:50, but if you want to agree between you to a different shared-cost arrangement such as the one you suggest, then that’s fine.
Boundary fences are Common Property, so payment for replacements is made from your Plan’s Sinking Fund.
The fenceing acts is the same throughout Oz as far as I know.
SUMMARY FOR FENCES
- A boundary fence between a lot and an adjoining property is shared equally between the body corporate and the adjoining property owner.
- A dividing fence between two lots is shared equally between the lot owners.
- A dividing fence between a lot and the common property is shared equally between the owner of the lot and the body corporate.
This is the legal rule but as Whale says you can come to whatever arrangement you like agreeable to all parties.
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