Encroachments ​When you first move to your new property, you assume that the fence is on the correct boundary. Unfortunately, this is not always the case. Fences are sometimes incorrectly placed, particularly in older suburbs where previous survey methods were not as accurate as they are today. Unless the situation is handled with care, the potential for conflict with neighbours can arise. If you do suspect the fence is placed incorrectly, it is important that you obtain a survey of the land, or at the very minimum, establish clearly where the survey pegs are located which would indicate the boundary. Having a survey done is not without cost. However, this may save you considerable expense in the longer term. Consider how you will approach your neighbour. In South Australia it is advisable to obtain the Fences and the Law booklet from the Legal Services Commission or similar organisations such as your local council, which has all the information and forms you require. ​ Here are some tips about fences and boundaries that have arisen from the issues that present to Mediation Service on a regular basis: • Do get a survey done if you are unsure of the boundary line or there are no obvious pegs to indicate the boundary. Proceeding on the assumption that the current fence is on the correct boundary may cause problems and incur considerable costs later. • Do use the fencing notices provided in the booklet titled Fences and the Law. You may have had a friendly chat with your neighbour and agreed on everything. However, experience has shown that disputes arise from misunderstandings and assumptions. Therefore,having a clear written record of your proposal is an effective way of ensuring agreement and understanding. • Do check the name and address of your neighbour to ensure you are dealing with the owner as the property may be rented. All decisions about fences and boundaries need to be dealt with by the owner. You may need to ask your local council for the details of the owner or even check the electoral roll at the local library, simply addressing the letter to “The Owner” or “The Resident” may not be enough. • Do post the notices to your neighbour using registered post. It is tempting to hand this over personally or place in their letterbox ​ However, this can become a problem as there is no record of that transaction, no way of proving you have served the notice, or evidence that they have received it. • Do leave the current fence as it is until after the 30 days notice or all agreements are finalised. It is tempting to start removing bits of the old fence or digging soil away. However, if there is an objection to the proposal or other issues regarding boundaries that need consideration before fencing work can begin, that initial work could be seen as inappropriate or even illegal. • Do make sure you can go ahead with your fencing proposal before proceeding. If there has been no contact with your neighbour, the registered mail has not been collected or you suspect your neighbours are away on holiday or the home is vacant do not assume that you can go ahead after 30 days. Get some legal advice, talk to your local council and do your best to ascertain what the situation is before you proceed. • Do follow the agreement once the 30 days are up. Deciding at the last moment to change the height or colour without further consultation is potentially a reason for dispute • Do keep records and copies of all your transactions and agreements with your neighbour. This will ensure if disputes arise, you have a written record of all that you have done, and can prove you have followed the process if the issue proceeds to court. • Do consider any issues highlighted by your neighbour in the Cross Notice (Form 3). They may have good ideas to make the fence better and do have the right to object. If a Cross Notice is received and no agreement is reached, consider trying mediation first. Going straight to a lawyer may inflame the situation and cause further deterioration in the relationship. The mediator will direct you to gain legal advice if needed. • Do follow the law at all times. Taking down a fence while the neighbour is at work, dumping debris on their property, allowing dogs to get out or leaving the property unfenced is not only distressing and cause for further anger and frustration, but may also be illegal. Even if you have decided to pay full costs for the fence, you still have obligations to your neighbour that need to be met. If you are considering putting a second fence against the current fence, as you and your neighbour just cannot agree on a new fence, then this is something that needs to be considered carefully. Creating a vermin trap between the two structures is not only unhealthy but possibly against the law, so contact your local council and clarify the required distance between the two fences first. Good fencing can add value to, and clearly define your property helping you to feel safe and secure in your home. Having disputes over fencing is time consuming, distressing and potentially very expensive. Considering the needs of others and finding a solution for your shared asset, that you are both happy with is a positive benefit to both parties in the long term.​