In NSW the Dividing Fences Act regulates what should happen between owners of adjoining land where there is no “sufficient fence” separating the two properties.
The two owners are liable to equally contribute towards the cost of a “sufficient fence” which is determined by a number of factors including the standard of any existing fence (whether or not it is in poor condition) and the usual kind of dividing fence in the locality. The same principle applies to maintaining an existing dividing fence.
It is best to work out an agreement in writing with the adjoining owner as to how the fence will be built and paid for, however, if the owners cannot agree a Local Court or the NSW Civil and Administrative Tribunal can make orders about the fencing work.
If one owner wants a fence of a higher standard than what is required, that owner can pay the additional cost.
The Act requires one owner to notify the other to see if an agreement can be reached before any work on the dividing fence can commence.
August 2020