The Law Handbook 2024

584 Section 6: Houses, communities and the road If your neighbour has responded to the fencing notice and agrees to the details concerning the fence, you can proceed with the fencing works. After 30 days from the date you provided the fencing notice, if you have not heard from your neighbour, you can proceed with the fencing works without their agreement. However, a court order will be required if you wish your neighbour to contribute to the cost of the works. Urgent repairs If a fence needs to be repaired urgently and it is impracticable to give your neighbour a fencing notice, the Fences Act allows an owner to undertake the works without giving notice. If an owner who has undertaken urgent fencing works wishes to seek a financial contribution from the adjoining owner, they must give their neighbour an urgent fencing notice, setting out matters including the nature of the works that were undertaken, how much they cost, the amount being sought, and the reason for the urgency. Examples of urgent fencing notices are available on the DSCV website. What if I can’t find my neighbour? If you can’t find your neighbour (e.g. the land next to you is vacant) and you have made ‘reasonable inquiries’ – including asking anyone who occupies the property and asking the local council – you may undertake the fencing works. Who pays? The Fences Act says that owners must contribute in equal proportions to a ‘sufficient dividing fence’. If two neighbours do not have a fence between them that is adequate for the purposes of both of them, they must both pay for a fence to be built or repaired. Usually, they would each have to pay for half of the cost of the fence. The Fences Act makes it clear that if one neighbour wants a much larger or more extravagant fence than the other, the position is different. It would then be up to the neighbours to reach an agreement between themselves as to how they should share the cost. If they cannot agree, only a court is empowered to make an order to resolve the deadlock. Although a 50–50 split of fencing costs is the starting point for most negotiations, if you anticipate resistance from your neighbour, it is worth considering offering to pay a little more to assist to resolve the dispute, particularly if a new or repaired fence is a high priority for you. If you live next to land occupied by the govern­ ment or council (e.g. a public park), the situation is generally different, and you will not be able to get your neighbour to help pay for a fence. You will have to pay the whole cost of building or repairing the fence. Fencing works: Renters In most circumstances, the Fences Act makes the owners of land responsible for the construction and maintenance of fences. However, long-term renters are sometimes required to contribute to the cost of fencing works, depending on the unexpired term of their lease (see the table below). A long-term renter is only liable to pay if they receive the required notices under the Fences Act. Renters’ financial liability for fencing works Remaining length of lease Renter pays Less than 5 years Nothing 5 years to less than 10 years Half the rental provider ’ s share More than 10 years All the rental provider ’ s share Boundary disputes The Fences Act contains a dispute resolution process for when you and your neighbour do not agree about the location of the common boundary. Either of you may give a boundary survey notice, which sets out your intention to have the common boundary defined by a licensed surveyor unless its location can be agreed. There is no prescribed notice. If you engage a licensed surveyor, you are responsible for telling your neighbour the outcome of the survey. In most circumstances, both owners must contribute to the costs of the survey. Resolving problems: What if we can’t agree? If your neighbour has responded to the fencing notice within 30 days but does not agree to the details about