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Can I enter my neighbours land without permission in order to do fencing work?

I've just bought a block of land in a new housing estate. I want to put up a fence at my own cost. They aren't there during the day and there's currently no fence as it's a new estate. I'm sure they wouldn't mind. Can I enter my neighbour's land to put up the fence?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 27-10-2015
1 Lawyer Answered
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  1. Boundary & Fence Disputes
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by LegalEagle™ staff, Forbes 2871 NSW.

  • No. If you enter your neighbours land without permission you will be trespassing.
  • You may be able to enter your neighbours' land to undertake fencing wok without asking them first if:
    • urgent fencing work is required;
    • there is an agreement about the fencing work between you and your neighbour; or
    • you have a fencing order form a court or tribunal.

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