Process B: Constructing a new fence when the adjoining owner cannot be contacted
In this case you will need to contact the Magistrates Court before building the fence. If you can satisfy the court that you have made reasonable enquiries to locate the owner and have issued the required notification, the court may make an order authorising the owner to construct a fence of a kind specified in the order upon the boundary or line specified therein.
If you do not know the name and address of the adjoining owner your local government (rates department) or Landgate may be able to provide this information. A directory of local government contact details is available on the Department of Local Government, Sport and Cultural Industries https://www.mycouncil.wa.gov.au/
Landgate website: www.landgate.wa.gov.au
When the neighbouring owner is located, irrespective of whether they were the owner of the land at the time of the construction of the fence, you may provide a copy of the court order and request the newly identified owner pay half of the value of the fence as at the date of giving notification.
If you receive one of these requests and do not feel it is equitable, or if you provide notice to the neighbour and they refuse to pay, then the issue can be referred to the Magistrates Court.
Magistrates Court website: www.magistratescourt.wa.gov.au
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