At Homestead Fencing one of the most common questions we are asked is ‘does my neighbour have to pay for half the cost of our new boundary fence?’
The relevant legislation which deals with boundary fences is The Dividing Fences Act 1991 (NSW). Under the Act, a dividing fence is defined as a fence which separates the land of adjoining owners, whether on the common boundary of adjoining lands or on a line other than the common boundary.
The Dividing Fences Act 1991 (NSW) states that the cost of a dividing fence is to be shared equally between adjoining land owners.
With this in mind we always recommend our customers approach their neighbours in a friendly non confronting manner when discussing their intent to construct a boundary fence as the last thing anyone wants is a costly legal proceeding.
Therefore the first step we recommend is to approach your neighbour and discuss your intention to build a boundary fence whether it is a new fence or a replacement fence. This conversation would include things like the height, type and material of the fence.
Once you have discussed the fence with your neighbour you should get two quotes and settle on the costs associated with the new fence. An agreement should then be documented and both parties sign and keep a copy.
If you cannot reach an agreement with your neighbour you can serve your neighbour with a Notice to Fence. This document should state the position of the fence, the cost, type and amount to be paid by each owner. As part of this notice you must include two quotes.
If you do not receive a response from your neighbour you can enforce the Notice to Fence with the local court.
For further information feel free to call one of the friendly team at Homestead fencing on 02 6622 2886 or email as firstname.lastname@example.org