Victorian Fencing Law
Most of us have neighbours and many of us have fences that separate us from said neighbours, but ironically the fence that is meant to keep people separated is often what brings people together…in conflict.
Because fences are usually erected on property lines they really belong to both properties. Costs of establishing a fence as well as upkeep and maintenance are shared costs. I bet you can already see where we are going with this…
What happens when both parties can’t agree? There is a little piece of legislation called the Fences Act 1968. It contains rules about who pays for a dividing fence, the type of fence to be built, notices that neighbours need to give one another and how to resolve disputes that come up when discussing fencing works with your neighbour.
We won’t go into the intricacies of the law, but highlight some of the most common issues and explain the best way to approach the problem. (This is not legal advice, please consult a solicitor if you need legal assistance)
If you think your fence needs repairing – Best practice here is to just talk to your neighbour. You might come to an agreement which works for both parties as to what you want, who will do the job and what you’re willing to pay.
It’s important to remember that you cannot build or repair a dividing fence without your neighbours permission or if you haven’t followed all of the steps outlined by the Fences Act.
If you can’t talk to your neighbours, the protocol is to give your neighbour a fencing notice. The fencing notice includes proposals about the line on which the works should be carried out, the type of works to be carried out, the person to be engaged to undertake the works, an estimate of the cost and contribution proportions. You can hand the fencing notice to your neighbour personally or send it by post. There is a proforma available here. Remember, this is only necessary if you cannot get a verbal agreement.
If your neighbour ignores the notice and 30 days pass, you can carry out the proposed works and attempt to recover their contribution after the fact. This is where you need to way up the cost vs benefit. Sometimes the only way to get your money is by bringing your case to the Magistrates’ Court of Victoria.
If your neighbour accepts the notice and disagrees with the proposal, you cannot proceed. You will have to negotiate a mutually acceptable agreement, or wait until 30 days pass since serving notice and initiate action in the Magistrates’ Court of Victoria. The court will then determine if the work is necessary or not and if so, what should be built, when, by whom and for how much.
For more information and tips on talking to your neighbour, visit the Dispute Settlement Centre of Victoria website
For more information on fencing disputes, visit the Magistrates’ Court of Victoria website
For more information about the Fences Act, visit the Law Handbook website
Our experienced Property Management team frequently negotiate to replace dividing fences on behalf of our Landlords. It can be tricky but we are seasoned negotiators. If you have an investment property that could benefit from a new fence and would like to transfer the management into our care, please contact rentals@buyersolutions.com.au for some advice.
+61 39816 8555