Dividing Fences; Who pays the Costs?

Dividing fence between neighbour’s property can quickly become a topic of tension between the parties. When handling fencing disputes, both parties must act in amical way in order to achieve the best outcome for each party, if these disputes are not handled correctly, good neighbourly relationships can quickly breakdown. With communication between the parties, each party can design and pay equal parts of the new fence in accordance with the Dividing Fence Act 1991. 

Adjoining Owners must legally contribute 50% equally to the fencing work, however neighbours who are not an Adjoining Owner do not legally have to contribute to the fencing work if the correct procedure concerning the notice of work is not followed. 

To implement the Adjoining Owners to financially contribute to the fencing, the following procedure must be followed; 

1. Description of where the fence will be located 

2. Type of fence (Height, length, material) 

3. Who will be conducting the work 

4. Estimated costs 

Fencing costs can sometimes be expensive, it is important to communicate to both parties the estimated costs before works started as disputes can often arise if a party is unaware of costs. It is in these situations that healthy relationships can turn bitter. It is often difficult to enforce payment from your neighbour and will tarnish the relationship. Make sure to follow the method outlined in the previously mentioned act in order to avoid paying the entirety for the fence.