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.
Your neighbour is a private owner
Liability
A private owner of land adjoining yours is obliged to contribute to the cost of the fence dividing your properties.
Proportion
Generally your neighbour would be expected to share the cost equally with you. However, the Act provides for occupiers to contribute in different proportion in different circumstances. See Proportion.
Procedure
To set this process in train, you should obtain a written quotation from a fencing contractor (or preferably two) and approach your neighbour to see if you can reach agreement.
To avoid later argument, any agreement reached with your neighbour should be put in writing. The simplest way to do this is for each party to sign a copy of the quotation to be proceeded with and to write on it the proportion each agrees to pay. Make sure the quotation is appropriately detailed.
If you cannot reach agreement, serve your neighbour with a Notice to Fence.