The Shire of Esperance has no jurisdiction when it comes to disputes between neighbours over the dividing fence as this is covered by the Dividing Fence Act 1961 which provides a process for neighbours to agree on the fence that divides their properties and to share the costs of construction and maintenance. The Act also provides for the courts to deal with disputes that may arise over dividing fences. The Dividing Fences booklet (also available through the Shire of Esperance) outlines the processes in the Act and provides answers to some frequently asked questions.
For any dispute regarding your dividing fence - including trees, branches or roots encroaching on or over the boundary fence - please contact Legal Aid on 1300 650 579.
The role of the Shire of Esperance with regard to dividing fences is to prescribe the minimum standard of fence and consider applications for over height fences on their merits and against the relevant Local Laws. Please note that over height dividing fences require a signed Over Height Dividing Fences Agreement between both the property owners (subject and adjoining) before approval can be issued.
A copy of the Fencing Local Law can be obtained from the Development Services counter located within the Administration Building on Windich Street or downloaded from our Local Laws page.
For additional information and assistance, please contact Development Services on (08) 9071 0676 or contact the Building Commission's dividing fences section on 1300 720 715.