• 31 Jan 2017

Good Fences make Good Neighbours: The Low Down on Fencing Disputes

Whilst we would all like to get along with our neighbours, sometimes even the best of relationships can sour over something as simple as a fence. If you’re having a dispute with your neighbour about the fence between your properties, there are things you can do.

The Dividing Fences Act 1991 (NSW) creates a mechanism by which you can compel your neighbour to contribute to the cost of a maintaining a “sufficient dividing fence”. Generally, the first step is to issue a special notice under the Act to your neighbour, which identifies the relevant boundary, the type of fencing work to be undertaken and an estimate of costs. The notice must also state the contribution required of the neighbour, unless it is to be borne equal by both property owners.

If no agreement is reached, you may try to use alternative dispute resolution techniques such mediation through a Community Justice Centre to talk through the issues. In this regard, the observation of Master Malpass in Alwiah v Watts & Anor [2004] NSWSC 948 is noteworthy:

‘[Dividing] fence disputes are usually better accommodated by pursuit of processes such as mediation or arbitration. A Court is usually not an appropriate forum to determine them. Generally speaking, such disputes can be expected to give rise to practical problems involving detailed considerations of fact.’

If negotiation doesn’t work and the fence remains in dispute, you may have no choice but to seek an Order from a Court or Tribunal. In this case, either owner can approach the Local Court of NSW or the NSW Civil and Administrative Tribunal for the matter to be determined by the Court or Tribunal (as the case may be).

Though simple, the requirements for notices under the Act can be stringent and proceedings before a Court or Tribunal can be complex. Getting the right advice early on can make all the difference and make sure that only good fences, not bitter rivalries, divide your neighbourhood!

DISCLAIMER: The information contained in this blog post is general in nature and is, in no way, a substitute for legal advice. If you have a fencing dispute, you can contact the litigation and dispute resolution team for advice tailored to your circumstances.