Boundary fences are a common source of disputes between
neighbours. Usually the dispute centres around the type of fence,
the cost of the fence and who will pay for it, and whether the
fence requires replacement or building at all.
Another issue commonly associated with boundary fences is where
a fence or a structure has been incorrectly (sometimes
deliberately) placed on adjoining land belonging to another
registered proprietor. Certain rights can arise from this
occurrence, with the encroacher being able to make a claim for the
land, and the owner whose land has been encroached upon potentially
losing that portion of their land.
The level of acrimony caused by fencing issues is often
disproportionate to the cost of the outcome. For example, in
Duarte v Denby [2007] WASC the parties were arguing over a
strip of land that was approximately 200mm wide. The case involved
a fence built within an adjoining neighbour's property, on a
small piece of land that was valued
