Fences don’t just divide properties. In some cases, disputes over fencing can divide neighbours as well.
Disputes over fencing can eventuate from a number of circumstances, including erecting fences on new properties, replacing or repairing existing fences, or disputes over the exact location of boundaries.
Normally, neighbours must equally share the cost of building a fence where they isn’t one, repairing or replacing a damaged fence or repairing or replacing a fence that is not a “sufficient” dividing fence.
However, many people find themselves in dispute with a neighbour who does not wish to pay for the fence and delays it for as long as possible.
However, the Law does give landowners rights to have any disputes resolved quickly. Under the Dividing Fences Act 1991 a landowner may require an adjoining owner to contribute financially to fencing work by serving a Fencing Notice in writing on the neighbour outlining the work to be carried out.
If drafted correctly, this can enforce your right to have a fence erected and is often the best resolution in ensuring an adequate fence line with the cost borne equally by the adjoining owners.
However, the definition of what constitutes a “sufficient” fence is open to interpretation, and sometimes ends in disputes.
For example, one neighbour may be happy to have a simple wooden fence while the other neighbour might want a more expensive option, such as a Colorbond or brick fence.
In such cases a number of factors come into consideration, including the type of existing fence (if any), the land use for the properties, privacy issues, local council requirements and whether the fence encloses a swimming pool.
If one party wants a fence that is more than sufficient for the particular circumstances, they may to have to pay the extra cost.
In the event that a dispute continues it may be necessary for neighbours to seek mediation or a Court Order to have the fence erected.
The Law in NSW provides a set process for resolving disputes over fences. Either you or your neighbour can serve a Fencing Notice. If you still can’t reach agreement after one month, you can apply to the Local Court or Local Land Board for Fencing Orders.
Disputes over the location of boundaries can be more complicated.
If disputes can’t be resolved amicably “over the back fence” it may be useful to seek legal advice to make sure your rights are protected.