Often there are disputes among neighbours regarding fencing, retaining walls or encroachments.
Fencing
Fencing disputes are the most common form of neighbour disputes.
These are regulated by the Fences Act 1975 (SA). There is a correct procedure you must follow if you wish to remove, erect or vary a fence. Relevant notice must be provided to your neighbour.
Disputes litigated in the Magistrates Court (Minor Civil Claims Division).
Retaining Walls
Retaining walls are more complex matters and are regulated by the Development Act 1993 (SA) and The Development Regulations Act 2008 (SA).
You may require Council development approval, as well as your neighbour’s approval, to vary, remove or erect a retaining wall. The cost to construct the wall will be split in proportion to each party’s reliance on the retaining wall.
Once you have served notice of your intention regarding the retaining wall, your neighbour may choose to seek an Engineer’s Report. You may be liable for the cost of this report and are obliged to follow any advice provided.
If you refuse to meet the cost of the report you may be sued for reimbursement in the Environment Resources and Development Court.
Should a dispute arise regarding the construction of the retaining wall, then the matter will be litigated in the Magistrates Court (Minor Civil Claims Division).
Encroachments
These are also complex matters, regulated by The Encroachments Act 1944 (SA).
In the first instance a licensed surveyor should be engaged to prepare a report. Once the encroachment is confirmed, the matter can be negotiated to either remove the encroachment or compensate for it. Land can also be acquired if agreed by the neighbouring parties.
If a dispute arises these matters are litigated in the Supreme Court (Land and Valuation Division). This is a very costly jurisdiction although cost Orders may be awarded.
If you are looking to build a fence or retaining wall, have been approached by your neighbour about building one, or believe they have encroached on your land, make an appointment with Sriyani and Hume Taylor & Co today to understand your rights.
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