You can lodge an Originating Application - Fences Act when you have a fencing dispute
Being involved in a matter can be a complex and costly process. You should seek legal advice before lodging an originating application - Fences Act. You can also speak to the other party to try and resolve the issue.
The steps below provide general information and do not cover all scenarios nor constitute legal advice.
You can lodge a fencing dispute when you:
- Are having a dispute with the owner of the adjoining land about a fence dividing your properties
- Want to perform fencing work but cannot identify or find the owner of the adjoining land
- You have erected a fence to divide your land from a public road which the owner of the land abutting the road benefits from and you want them to contribute to its cost or other fencing work
Because this application is a â€˜minor statutory proceedingâ€™, generally the minor civil rules and costs scale will apply and a lawyer will not be able to represent you at the trial (subject to some exceptions).
If you claim more than $12,000 or an order for work of more than $12,000, you or the respondent may choose at the first directions hearing to not have the minor civil rules apply. If an election is made for the minor civil rules to not apply, you and the respondent will be able to be represented by a lawyer at the trial and generally a higher costs scale will apply.
What you need
You will need to provide the details of your dispute, including:
- A copy of either your:
- A copy of the Form 3 Cross Notice from the owner of the adjoining land (if one was given)
- A copy of your Reply to Cross Notice (if you gave one)
- Your land address
- The address of the adjoining land. If there is more than one piece of adjoining land where the disputed fence is/will be located, all addresses must be provided. (This is not required for disputes where you have erected a fence to divide your land from a public road which the owner of the land abutting the road benefits from and you want them to contribute to its cost or other fencing work)
- The orders you want the Court to make including the details of any proposed fencing work and any monetary amount you want the respondent to pay
- Any quotes for proposed fencing work not included in your Form 1 Notice of Intention to Erect a Fence (optional)
- A maximum of 10 photographs of the fence, the land and/or the surrounding area (optional)
- If your dispute is about the location of a boundary, you may choose to provide a survey document. If you have more than one survey, scan and upload them as one document
- To answer all the questions marked with an asterisk ( * )
You will need to pay a fee for lodging this form using a credit/debit card.
See the Civil Court fees page for more information.
Before you begin
If you want the owner of the adjoining land to contribute to the costs of erecting a new fence, or work on an existing fence, you must serve either a Form 1 or Form 2 Notice before you lodge a Fencing Dispute.
If you intend to:
- Erect a new fence (where there is no fence currently) you must have served a Form 1 Notice of Intention to Erect a Fence
- Perform replacement, repair or maintenance work you must have served a Form 2 Notice of Intention to Perform Replacement, Repair or Maintenance Work
How to lodge a fencing dispute
- Log in to CourtSA
- Select "Start a new case" in the drop down field
- Then "Yes" if you know what you would like to do
- Select "Originating Application - Fences Act" in the case type drop down field
- Read the information in the blue information box then click the "Lodge a Originating Application - Fences Act" button
- Complete the form and click proceed
- Upload your Form 1S (if required)
- Complete the online payment process
- Once your originating application has been paid for, you will receive a receipt confirmation
- To view your originating application document once it is approved, go to "My Cases" and click on the "My existing cases" tab
- Select the "View Case" in the Action column
- The summary screen will display a case details panel and parties panel
- To download and print a copy of your originating application to serve, click the "Documents" tab and then the originating application hyperlink within the Filed Documents panel
What happens next
If it is accepted for filing:
Using the information you provided, CourtSA will generate the following:
- A sealed Form 2A Originating Application - Fences Act
- Multilingual Notice
- A Form 34 Notice to Party Served - Interstate (if one of the Respondents has an interstate address)
- A Form 35 Notice to Party Served - New Zealand (if one of the Respondents has a New Zealand address)
You will receive a notification to let you know that your request has been approved, that the sealed Form 2A Originating Application - Fences Act is available on CourtSA, and the Court has listed it for hearing.
The date and time of your hearing will be noted on the sealed Form 2A Originating Application - Fences Act.
If it is rejected:
You will receive an email from CourtSA explaining why your claim was rejected and your lodgement fee will be refunded to the credit/debit card you used to pay.