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.
The property beside you is for sale
There is no general provision in the Fences Act assigning liability where a property is in the process of being sold.
There is, however, a provision requiring tenants with rights of purchase, upon completion of and as part of that purchase, to reimburse the landlord the portion of fencing costs the landlord has paid (see Tenancy).
People who are trying to sell a property are naturally reluctant to bear either the cost or inconvenience of fencing works. Most will "play for time". If you proceed to serve a Notice to Fence, that notice, once received, must be disclosed as a notice received by the vendor in the vendor's Section 32 Statement, which puts the purchaser on notice of an impending liability. Sometimes a vendor will prefer to have the works done, to avoid discouraging buyers but, if not, the purchaser inherits the liability through the Section 32 notice and generally adjusts the cost of fencing against the purchase price.