Dividing Fences - Who is Responsible?

Who is responsible?

The law clearly outlines that property owners are jointly responsible for the cost of construction and repair of a ‘sufficient fence’. What is a sufficient fence? A sufficient fence is open to interpretation. However, the Act does list a number of factors that the Court will take into consideration if there is a dispute.

• The standard of the existing fence
• The way in which the land is used or intended to be used
• Privacy of neighbours
• The kinds of fences in the area
• Local government requirements

What if you cannot agree on price and a fence type?

If one property owner wants a cheap paling fence (that provides privacy, and is similar to the fences in the area) and the adjoining owner wants an expensive Colorbond fence, then the owner who wants the more expensive upgraded fence must pay the additional cost.

What if the other owner goes ahead without your approval?

An owner who goes ahead and builds a new fence without consulting the adjoining owner has no grounds under the Act for recovering the cost.

The Dividing Fences Act requires an owner to notify the adjoining owner if they believe that fencing work is needed and they want the costs shared between them.

Essentially, property owners can come to any agreement they want about the cost, type and position of the fence, so long as it would comply with council regulations.

It would be prudent that any agreements are in writing, this would include: type of fence, position of the fence and who is contributing what sum of money.

If you have any agreement in writing and signed, then if either owner doesnt’t carry out their part of the agreement within the agreed time, the other owner can go ahead and get the work done then recover the money as a debt through the local court.
What happens in a dispute?

The disputing party needs to get an order under the Dividing Fences Act at the Local Small Claims Court.