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Possible Solutions for Fence Disputes

Disputes over fences come in many forms, but we have listed some of the most common below, with tips for resolving them.

One neighbour feels the current fence is adequate, or just needs repair

Possible solutions may include:

• the person who wants the fence replaced will pay the full cost or more than their share, if the other neighbour agrees to the work being done
• compare quotes for repair and replacement - if they are similar, it could be better value to replace the fence than to repair the old one
• if both agree that the fence may last another six months, replace the fence now, with the reluctant neighbour paying their contribution in six months time
• agree to replace the fence, with the reluctant neighbour paying only the cost of repair.

One neighbour blames the other for the need to replace the fence

Possible solution may include:

• working out how much damage was due to age and how much to negligence, and use this to decide how much each neighbour pays
• the neighbour responsible for the fence needing replacing pays more than half the cost, but the other neighbour pays something, to allow for the age of the fence and general wear and tear.

Both neighbours agree they need a new fence, but one or both can't afford it at present

Possible solutions may include:

• consider whether a repair will do until the financial situation improves
• look for cheaper options, like trying to get a lower quote, or reducing costs by doing some of the work yourselves
• negotiate with the contractor to pay the bill in installments
• one neighbour could pay the contractor the full cost and the neighbour could pay them back in installments
• build the fence in stages, and spread the payments over a period of time.

Neighbours disagree about the position of the title boundary

Possible solution may include:

• compare title documents and measure the boundary together to try to work out the exact location
• each engage a surveyor, or agree to use one surveyor and share the cost.

Both neighbours agree the existing fence isn't on the title boundary

Possible solutions may include:

• both neighbours may agree in writing to move the fence in accordance with the title boundary when it next needs replacement; this could resolve the title issue without the expense of moving the fence immediately
• the neighbour who wants the fence relocated may offer to pay more than their share as an incentive to getting the fence moved
• one neighbour may be prepared to purchase the strip of land or lease it.

Note: for disputes involving adverse possession, where you have occupied someone else's land for a number of years and may be entitled to claim possession of it, we urge you to seek legal advice, or contact one of the agencies listed below:

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

The neighbours want fences of a different height

Possible solutions may include:

• asking why each wants a certain height, then try to meet that need (for example, if privacy is an issue, trellis or screening could be put on sections of the fence)
• if there is agreement on the height, but the cost of a higher fence is the issue, agree that the neighbour who wants the higher fence pays the difference between the cost of a 'standard' fence and the cost of the higher fence.

The neighbours disagree about whether the front end should 'rake' or taper down for visibility

Possible solutions may include:

• the fence could be built with palings tapering down and trellis filling the gap
• the neighbour who wants the full fence could offer to contribute to the cost of mirrors to increase visibility for cars driving past the fence.

One neighbour wants to use a contractor of dubious qualifications, or build the fence themselves

Possible solutions may include:

• view examples of the proposed fence builder's work before deciding and discuss what guarantees or warranties they offer
• get several quotes and try to choose one that suits both paties
• the neighbour who wants to build the fence themselves could do some of the work to save costs, such as removing the existing fence, and a fencer could complete the work.

One neighbour fears the weight of attachments like trellises may damage the fence

Possible solutions may include:

• the attachments may be altered so that they are freestanding, for example, attached to poles in the ground
• cut back creepers that may be too heavy for the fence
• the neighbour who is concerned may decide to help their neighbour to do this as it will require less effort than replacing or repairing the fence.