Ask Your Mates Open Forum

Fence between public and private area

  • 1.  Fence between public and private area

    Posted 21 September 2015 02:35
    Who is responsible for the upkeep and replacement of shared fence between Public Park and residential premises.  

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    lynne krywulycz
    Woodstock NSW
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  • 2.  RE: Fence between public and private area

    Posted 21 September 2015 21:03

    Lynne,

    Council land is either owned in fee simple or it is dedicated for a purpose, such as road or public reserve. If the land is owned by Council in fee simple, Council must contribute to the construction and maintenance of a fence as it is a property owner the same as a resident. However, if the land is dedicated, such as a public reserve, Council is not legally responsible for a contribution towards the fencing. However, Councils are not prevented from adopting a policy which provides for them to contribute towards a fence.

    The reason for the difference is that Councils would go broke if they had to contribute to fences around every public reserve, particularly in regional areas.

     

    Ron Hartley
    Director Engineering Services
    Great Lakes Council
    Ph: 6591 7227
    Mob: 0407 569 160
    Fax: 6591 7248

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  • 3.  RE: Fence between public and private area

    Posted 23 September 2015 00:53
    Lynne, Ron is correct. Section 25 of the NSW Dividing Fences Act sets out the how it works. See the link below. http://www5.austlii.edu.au/au/legis/nsw/consol_act/dfa1991137/s25.html Cheers ------------------------------------------- Alan Fletcher Upper Hunter Shire Council SCONE NSW -------------------------------------------
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  • 4.  RE: Fence between public and private area

    Posted 24 September 2015 19:40

    Thanks Ron

    Appreciated!

     

    Regards

     

    Lynne

     

    Lynne Duckham | Strategic Asset Management Plan (SAMP) | Asset & Data Integration

    Phone 02 6205 6037 | Mobile 0416 099 878 |   Email lynne.duckham@act.gov.au

    Parks and Territory Services  | Territory and Municipal Services Directorate  |  ACT Government
    Level 8, Macarthur House, 12 Wattle Street, Lyneham ACT 2602  |  GPO Box 158 Canberra ACT 2601  |  www.act.gov.au

     

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  • 5.  RE: Fence between public and private area

    Posted 23 September 2015 00:56
    Hi Lynne,

    The Dividing Fences Act outlines responsibilities for shared fencing and in particular section 25(1)(b) gives rise to an exclusion for public parks inter alia:

    25 Application of Act to Crown and local Authorities etc
    (1) This Act does not operate to impose any liability, or to confer any rights, with respect to dividing fences on:
    (b) a council of a local government area, or any trustee or other person or body, in respect of land vested in (or under the care, control and management of) the council, trustee, person or body for the purposes of a public reserve, public park or such other public purposes as may be prescribed, or... (emphasis my own)

    Hope that helps.

    Cheers,
    Will
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    William Barton
    Director Engineering Services
    Junee Shire Council
    JUNEE NSW
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