New Dividing Fence - When to Split the Bill

The general rule to determine whether you and your neighbour should split the bill in erecting a dividing fence is found in the Dividing Fences Act 1991 (NSW), which states:

Where there is no sufficient dividing fence your neighbour must contribute to the carrying out of fencing work that results in a dividing fence of a standard not greater than the standard for a sufficient dividing fence.

In more simple terms, where the existing fence is inadequate you (or your neighbour) generally must contribute equally to the cost of the fence that is reasonable in the circumstances. To determine whether a proposed fence is reasonable and therefore fenced to a sufficient standard, the court will have regard to multiple considerations, including:

a)       the existing dividing fence (if any);

b)      the purposes for which the adjoining lands are used or intended to be used;

c)       the privacy or other concerns of the adjoining land owners;

d)      the kind of dividing fence usual in the locality; or

e)      any policy or code relating to dividing fences adopted by the local council in which the adjoining lands are situated.

However, in the event that you or your neighbour construct the fence without agreement or without a court order, you may not be able to later recover a contribution from the adjoining landowner, unless it is for urgent or emergency repairs to a damaged fence.

To find out whether you may be able to recover compensation or are required to pay for an already built fence, don’t hesitate to contact our team at Wainwright Legal for assistance!