The Fences Amendment Act provides a procedure for owners to resolve border disputes related to fencing activities. The purpose of the procedure is to ensure that only one surveyor must be involved in a border dispute and to settle disputes relating to the payment of the costs of the investigation. The Fences Amendment Act specifies that the Court of Justice has the power to hear and rule on unfavourable property rights arising from fencing disputes, but otherwise the right to the right to pending ibility remains the same. If you don`t know who owns the neighbouring country, you can contact your local council or access SAILIS. If you still can`t find the owner, you can view the index in sight on their property. If, within 30 days, you have not received a written objection to your proposal, you can assume that it agrees with the work. Under the Pre-Amendment Fencing Act, long-term tenants were in some cases required to participate in fencing work. The Fences Amendment Act retains this position, but provides for a simpler breakdown of contributions between the landlord and the permanent tenant. Since the Fences Amendment Act requires, in most cases, a closing message, the law must also provide for what happens when an adjacent owner cannot be found or receives a closing notice but does not respond. The Fences Amendment Act 2014 has a procedure for all fencing and second-hand work, whether it is the construction of a new separation barrier or the rehabilitation of an existing separation barrier. This simplifies the process.
Whether fencing should be done urgently depends on the circumstances – for example, the damage can be caused by fire or flooding, and the animals could escape or a swimming pool could not be fenced. However, you cannot erect a separation barrier or make repairs on a fence unless you have the consent of your neighbour or if you follow the procedures of the Law on Fences. If you do not have the consent of your neighbour, you must, before starting the work, inform your neighbour with parts about the information contained in the work you propose (closing sign). If you and your neighbour disagree (or probably disagree), you must apply the Fences Act 1975 (SA) termination procedure. This is the only legal method if you want to build, repair or replace a border fence, and you want your neighbour to contribute to the costs, but they do not agree. The process includes filling out a form (a declaration of intent) with details of the work you are proposing and delivering (legal delivery) to your neighbor to respond. A neighbour is not legally required to contribute to the costs of the closing work unless he has agreed to pay or if the Fences Act 1975 (SA) procedure has been followed or urgent repairs are required. If you do not agree with your neighbour on the work to be done for a separation fence, you must give a closing notice to your neighbor. To do this, you need to be able to find the person who owns the property next door. Your neighbour is not required to indicate the reasons why he has objections or to indicate an alternative option in the counter-opinion. If the case is tried, they must indicate a good reason why they raise objections – otherwise, the court can order the work.