ARTICLE - Dividing fences

Building or repairing a dividing fence
Under the Dividing Fences Act, adjoining owners are required to share equally the cost of a “sufficient dividing fence”. What is a “sufficient dividing fence” will depend upon all the circumstances of the case.

If there is a dispute about the standard of fencing required, one neighbour must give the other a Fencing Notice. If agreement still cannot be reached, the neighbour can apply to a local court for an order for the proposed work
to go head.

What is a “sufficient dividing fence”?
In deciding upon what is a “sufficient dividing fence”, a court will take into account:

• the standard of the existing fence (if there is one)
• the purpose of the fence
• the way the land on either side of the fence is used
• privacy or other concerns of each neighbour
• the kind of dividing fence that is usual in the area
• any Council requirements, covenants, etc. relating to fences in
  the area.

Who pays?
While the general rule provides for neighbours to equally share the cost, there are exceptions. These include:

• if one neighbour wants a fence of a standard greater than a “sufficient dividing fence”. For example, if you wanted a fence that contained more expensive materials such as brick when the predominant fence in the locality was a paling fence, then you may have to pay for the additional costs involved.
• if one neighbour deliberately or negligently damaged or destroyed
  a fence, he would be responsible for the full cost of the fencing.

Fencing agreements should preferably be in writing. A neighbour who goes ahead and constructs a fence, without consulting and coming to an agreement with the other neighbour first, might not be able to recover half the cost in a Court.

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