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Fence Disputes

Disputes involving fences can be about:

• where the fence is
• whether it's necessary
• who should pay for it
• who should maintain it
• who should do the work on it
• what type of fence is needed.

The following information is not legal advice and has been included to help you start thinking about the issues involved.

Dealing with fences disputes

The Fences Act 1968 is the law that applies to fencing matters.

Many disputes can be resolved through communication and negotiation, which can help to reduce costs, delays and legal action. The Dispute Settlement Centre provides a free service and can offer advice and tips for dealing with matters yourself. The Centre also provides neutral, objective mediators to help you resolve disputes of any size or complexity.

The 'disputeinfo' website has step-by-step advice about common dispute situations and practical solutions.

The best way to avoid issues with fences is to consult with your neighbour before you finalise any plans, whether you plan to repair, replace or change the fence.

Some important things to discuss with your neighbour may include:

• the need for a fence
• the type of fence proposed
• what other options might be suitable
• what arrangements need to be made and who will make them
• who will actually do the work (you, them, both of you or a contractor)
• how many quotes to get and who will obtain them
• the total cost and how to share them
• who should sign the contract
• when work should start
• whether a temporary fence needs to be put up
• the position of the new fence and who pays for a surveyor if required
• whether anyone needs to remove plants, soil or the like from the boundary, and who will do this.

Before finalising your arrangements check that all quotes are still valid and contractors are still available. It will help to avoid misunderstandings or issues later if you confirm the agreement in writing, even if it is simply handwritten on a piece of paper.

The 'disputeinfo' website has step-by step advice about fence dispute situations and practical solutions.

Who else can help?

Local councils can advise whether height restrictions apply to the proposed fence work. The Land Titles Office can assist with title searches and 'adverse possession' claims, where you have occupied someone else's land for a period of years and may be entitled to claim possession of it.

You can find fencing contractors in the telephone directory if you need quotes and advice about whether a fence needs repairs, or want someone to build a fence for you.

Consumer and Business Affairs Victoria provides telephone advice and accepts written complaints about all consumer issues. They can also assist if you have problems with a fencing contractor.

Legal action may get the fence built or repaired but it can be expensive, time-consuming and may cause lasting damage to relationships and friendships in a neighbourhood. Local councils do not get involved in decisions about building or repairing fences, except when height restrictions apply. They can advise if the proposed height of the fence requires a permit. Otherwise the owners of properties involved must come to an arrangement.

If you are considering taking legal action we recommend you seek independent legal advice. Contact any of the following:

• Victoria Legal Aid
• Community Legal Centre
• the Law Institute of Victoria.