Negotiation in resolving fencing disputes with neighbours

by Nicole Rockliff

If you and a neighbour have a dispute over a fence, you should firstly attempt to discuss the issue with the neighbour. For example, if you want a fence however your neighbour does not want the fence, you should obtain a quote for the fence to be built and discuss this with your neighbour. If you cannot reach an agreement with your neighbour you should give your neighbour a written notice setting out the fencing works proposed by you. If you and the neighbour still cannot agree after serving the Notice on your neighbour, either of you may apply to the Local Court to make an Order in relation to the proposed fencing works.

In those circumstances you and the neighbour will have to share the costs of erecting the fence equally as well as sharing equally the cost of repairs to any fence between your properties. If the fence however was damaged because either you or your neighbour was careless then the responsible party must pay for the repairs. Once again if an agreement cannot be reached as to who is responsible for the repair work, application can be made to a Court to determine who is responsible for payment of the repairs.



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