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.
Proportion
No fixed entitlement to 50%
Until 1968, fencing statutes in Victoria made adjoining occupiers liable for 50% of the cost of constructing or repairing the fence between them. While this continues to be a "rule of thumb" the present Act does not specifically provide for adjoining occupiers to contribute equally, leaving the proportionate contribution of each party to private agreement or, in the absence of agreement, to determination by the Magistrates' Court.
There are, however, one or two cases in which the Act is specific about the proportionate costs to be borne. These cases are:
Agricultural land adjoining residential development
Where agricultural or pastoral land adjoins land used for residential purposes, the Act obliges the occupier of the agricultural or pastoral land to contribute only to the extent of a half-share of the cost of a fence suitable for his own purposes.
If, therefore, there is a dividing agricultural fence in good repair, the cost of any new fence required by the residential owner is borne wholly by him. If an existing agricultural fence is in poor repair, the agricultural owner is obliged to contribute only a sum equivalent to the cost of making the agricultural fence serviceable (s.4).
Recovery from first occupier of previously unalienated Crown land
A person who has met the full cost of fencing land adjoining unalienated Crown land is entitled to recover contribution from the person who afterwards becomes the first occupier of that land. In such a case, the amount of the contribution is set at one-half of the actual value of the fence, assessed as soon as practicable after the land becomes so occupied. (s.12 & s.23)
Vermin-proof fence required by Department of Natural Resources and Environment
Where the Minister issues a certificate to the effect that vermin-proof fencing is required on a given boundary, the occupiers of the adjoining lands (other than the Crown: see Government) are liable to contribute to the cost in equal proportions (s.18).
Landlord and tenant
For apportionment of costs as between landlord and tenant, see Tenancy.