Dealing with Fence Disputes? Here’s What You Need to Know

What happens if your neighbour announces out of the blue that they want to build a brand-new fence on your shared boundary and expect you to pay half, even though you’re convinced the current fence is just fine? It’s easy to see how quickly things can heat up in such situations.

Neighbourly disputes are more common than you might think. From minor disagreements to serious conflicts needing official intervention, issues can pop up over just about anything. But when it comes to fencing, things get especially tricky because they stir up both legal and emotional issues.

So, do you know your rights when it comes to building or replacing that dividing fence? Let’s dive in and find out how to navigate this common yet challenging situation.

What the Law Says

When it comes to fencing, Australian laws are set by state governments to regulate the building and maintenance of dividing fences. While these laws are similar across the country, they do vary from state to state. So, it’s always a good idea to check with your local council to understand the exact legal requirements in your area.

The Victorian Fences Amendment Act 2014 covers the standards for dividing fences. If you’re installing a fence between two properties, it requires cooperation between neighbours. The Act details who pays for the fence, how it should be built, and how to resolve any boundary disputes. Typically, a building permit is needed for any side boundary or dividing fence over 2 metres in height.

Who Pays for the Fence?

Wondering who foots the bill for that new fence? Both neighbours share equal rights and responsibilities when it comes to building or repairing a dividing fence. Australian law requires that the cost is split equally, even if only one neighbour wants the new fence.

However, there’s an exception: if one neighbour desires more than what’s necessary, they cover the extra costs. So, fairness is key, but special needs might mean a bigger share of the bill for one party.

Can My Neighbour Erect a Fence Without My Permission?

Ideally, both neighbours should agree before any fencing work begins, especially if you’re splitting the cost. Technically, your neighbour can put up a fence within their boundary as long as it meets height standards. However, without your agreement, they can’t enter your property to do the work, and doing so might be considered trespassing. So, it’s best to have a conversation and reach a mutual understanding.

Can My Neighbour Remove the Fence Between Our Properties?

Your neighbour can’t take down the dividing fence without your permission or a Fencing Order from the Local Court. If they do so without your consent, they might have to cover the entire cost of replacing it and could be trespassing if they step onto your property. It’s always best to reach an agreement first!

Can a Neighbour Attach Something to My Fence?

Yes, your neighbour can attach items like a screen, trellis, or vines to a shared boundary fence or even paint it. Since it’s a joint asset, both neighbours have the right to modify it, as long as they don’t cause any damage.

Approaching Your Neighbour

Feeling a bit anxious about talking to your neighbour? That’s totally normal, especially if you’ve had past issues. But remember, you need their consent or to follow the proper legal steps before starting any work. If your neighbour isn’t responding, try to see things from their perspective—they might have concerns or timing issues you’re not aware of.

Typical Fencing Disputes

Fencing issues often arise over where the fence is placed, what type it is, how much it costs, and its height. Sometimes the existing fence isn’t exactly on the property line, leading to conflicts about its correct position. A surveyor can determine the exact boundary line and its relationship to the fence.

Appearance is another common problem. If your neighbour plans to build a tall, unattractive fence, you can raise objections. However, they can put up that fence on their own side of the property.

Mediation or Legal Action?

Can’t find common ground with your neighbour? Mediation is your next best option to steer clear of court. Most states have mediation services available. If mediation doesn’t work, the dispute might end up in court, which can be costly and take a lot of time. Generally, having a conversation with your neighbour is more affordable and less complicated than legal proceedings.