Fencing Quickguide
PLEASE NOTE: The Committee is not able to provide advice about fences. If you are unable to find an answer to your question in the Fencing QuickGuide, please do not contact the Committee as we will be unable to assist you. We suggest that you contact a community legal centre (http://www.communitylaw.org.au/find_a_clc.php) or a solicitor instead.
Right of entry to your neighbour's property
Section 32 provides a statutory right to access to a neighbour's property to enable you to do whatever is necessary or reasonably required for the purpose of constructing or repairing a fence in accordance with the Act. You can exercise such rights where:
- agreement has been reached after service of a Notice to Fence and after three months your neighbour has not performed the agreement; or
- you have notified your neighbour of the need for fence repairs, and after one week there is no response; or
- the fence has been damaged by accident and is in need of immediate repair (in which case no notice has to be given to the adjoining owner); or
- you have obtained a Magistrates' Court Order or Arbitrator's Order for the construction of the fence.
Note: this right is limited to the repair and construction of fences
Buildings on boundaries, the walls of which may act as a fence, are not considered to be "fences". Unless you have a recognised easement over your neighbour's land, you have no statutory or common law right to enter your neighbour's property without permission to assess the state of your building or to maintain or repair it.
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