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QA Boundary Fence

Fence-Post-02

Question: We have a 99 year lease on the front lawn. We would like to erect a fence on this area. Can other lot owners object if we have exclusive use of the space?

We are unit 1 of 3 in a block. We have a 99 year lease on the front lawn. We would like to erect a fence that will be and a continuation of the existing front boundary fence down the side driveway.

One lot owner is not in favour. What are the best steps for a resolution? Can they refuse if we have exclusive use of the area?

Answer: What you can do with a leased area depends on the “authorised use”.

What you can do with a leased area depends on the “authorised use”. If the terms of the lease is silent on whether you could install a fence, I suggest that you request for the lease to be amended and signed by the parties to permit you to erect the fence. Alternatively, you could obtain legal advice to review the terms of the lease and determine if it does actually already permit you to erect the fence.

Rochelle Castro
RC & Co Lawyers

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