Good fences make good neighbours

Fences separating properties have long been a cause of contention between neighbours.

Disputes often arise when fences are damaged, need maintenance or replacement, or when a new home is constructed and the neighbours disagree about style, quality or need for a dividing fence.

How to deal with issues that arise

In most cases, misunderstandings can be avoided by negotiating with your neighbours before taking any action.

The general rule is that owners of adjoining land are each required to pay half the cost of erecting or repairing a 'sufficient' fence between their properties. This applies whether the adjoining land is vacant or built on.

Most queries about fences can be dealt with by your local government authority. Local laws provide guidance for the minimum standards of fences required for your area including height and materials used.

Further to this, the Building Commission within the State Department of Commerce has a dedicated information line you can call on 1300 489 099.

It can also provide you with a booklet entitled Dividing Fences a Guide. This booklet addresses key areas of concern to landowners including the procedures for erecting new fences and repairing existing ones. It also clarifies cost sharing arrangements between adjoining owners.

Recovering costs

To assist in recovering half the cost of a dividing fence, you should not begin construction until you have a clear written agreement with the adjoining owner or a court order.

Agreements should be in writing and should include payment details. Most neighbours are pretty good about this, but it never hurts to get it in writing to avoid any misunderstandings.

If you decide to erect a dividing fence of a higher standard than required without first getting the agreement of the adjoining owner you can only claim half the cost of erecting and maintaining a sufficient fence. Additional expenses will be yours.

If you and your adjoining owner cannot agree, then the use of an independent mediator may help. Mediation can reduce the cost of more formal legal action and assist people in sorting out their differences in a confidential way.

You may also wish to seek independent or legal advice if you want to erect a dividing fence before obtaining agreement with your neighbour.