Question: Who is responsible for a boundary fence that borders a public footpath and road?
There is no common property at a 4-lot scheme I manage.
Who is responsible for a boundary fence that borders a public footpath and road? The owner believes the fence is the strata’s responsibility. Is this correct?
Answer: The lot owner is responsible for the total cost of the fence.
If the fence sits on lot owner’s land and the other side of the fence is a public footpath, then the lot owner is responsible for the full cost of the fence.
I am not aware if your Local Council takes responsibility, so that would need checking, but generally, Local Councils do not.
If the fence has been damaged from an insurable event, then the lot owner may still be able to make a claim on the strata insurance.
Jamie Horner
Empire Estate Agents
E: JHorner@empireestateagents.com
P: (08) 9262 0400
I received the link to this article via email when seeking advice regarding the responsibility of a boundary fence at a 4-lot scheme I manage.
There is no common property and the other side of the fence in question is a public footpath and a road.
The owner believes the fence is strata responsibility, but I would like confirmation please.
The strata plan is governed by Section 3AB of the Strata Titles Act 1985.
Hi Tanya
We have responded to your comment in the article above.
I live in a three house complex with a strata that does not have fees, we just share driveway and fencing. I am in the rear house and the old asbestos fence needs replacing. Are the other two house owners in the complex responsible to share the 50 percent of the cost with me or is it my responsibility?
Hi Sandra
It depends on the ownership of the fence, i.e. is the fence owned by you or is it common property? When you look at your strata plan, do you own your backyard, i.e. the land the fence sits on? If so, you need to pay for the fence 50/50 with the back neighbour.
If your rear fence is common property, it would be a shared strata cost with your back neighbour but you do need to check your strata plan and potentially, your by-laws, to confirm.
Thanks
Jamie
Hi Jenni
Thanks for your question, it actually depends on what your strata plan says. When you purchased the property you would have received the strata plan and on it, it will show if the roof is common property (so strata to fix and maintain) or if its your roof (ie part of your lot). Speak to your Strata Manager if you dont have a copy and also you may want to check your by-laws as well at the same time.
Thanks
Jamie Horner
Hi
New to strata housing.
Does the Strata or the owners pay for a new roof on the storage room that is in your private compound.
The storage unit is part of complex when you buy your unit. It’s situated in the back part of your yard, you share the same roof as your neighbours.
Pilbara WA