Boundary and fencing disputes are among the most frequent legal issues faced by neighbours in Australia. These disagreements often arise over property boundaries, the cost of building or repairing fences, or the materials and style used. Thankfully, Building and Construction Law provides clear guidance on how such disputes can be resolved, ensuring fairness for both parties.

In this article, we’ll explore what causes fencing and boundary disputes, how Australian law regulates them, and the steps you can take to achieve a fair resolution.

What Causes Fencing and Boundary Disputes?

Fencing disputes often arise when neighbours disagree about:

• Boundary location: Property lines are unclear, leading to disputes over land ownership.
• Fence maintenance costs: Questions about who should pay for repairs or replacements.
• Type of fence: Disputes about fence height, style, or materials.
• Encroachment: When a fence or structure crosses onto another person’s property.

A boundary dispute can escalate if property deeds or surveys are outdated. In such cases, a professional land survey may be required to determine the official boundary line.

Understanding Building and Construction Law for Fences

In New South Wales (NSW) and other states, fencing and boundary disputes are primarily governed by the Dividing Fences Act 1991. This legislation, which is part of Building and Construction Law, outlines the rights and obligations of neighbouring property owners.

Key provisions include:

• Cost-sharing: Neighbours are generally required to share the cost of constructing or repairing a dividing fence.
• Definition of a sufficient fence: A “sufficient” fence is usually defined by local council standards and the surrounding environment.
• Notice requirements: Before erecting or replacing a fence, you must issue a written fencing notice to your neighbour.

Steps to Resolve Fencing and Boundary Disputes

Start with Open Communication The first step is always to discuss the matter directly with your neighbour. Miscommunication often lies at the heart of disputes, and many issues can be resolved amicably.

Check Local Council Regulations Local councils often have rules about fence height, materials, and location. Understanding these regulations can help prevent disagreements from escalating.

Serve a Fencing Notice If an agreement cannot be reached, you may issue a fencing notice that details the proposed work, costs, and your neighbour’s contribution. This is a formal legal step under the Dividing Fences Act.

Use Mediation Services Mediation, often provided by Community Justice Centres or similar organisations, can help resolve disputes without going to court. This approach is cost-effective and avoids unnecessary conflict.

Seek Expert Legal Advice If mediation fails, consider consulting a solicitor specialising in Building and Construction Law. They can advise on your legal options and assist with preparing documentation.

Tribunal or Court Intervention As a last resort, you may apply to the NSW Civil and Administrative Tribunal (NCAT) or a local court. These bodies can make legally binding decisions about fence construction, repairs, or boundary lines.

Avoiding Fencing Disputes in the Future

Prevention is always better than cure. Here are some steps to avoid future disputes:

• Keep accurate property records and surveys.
• Discuss fencing plans early with your neighbour before starting construction.
• Put agreements in writing, including cost-sharing and design preferences.
• Consult local council guidelines to ensure compliance.
• Hire a professional surveyor when property boundaries are unclear.

What if a Fence Crosses the Boundary?

Encroachment, where a fence is built on the wrong side of the boundary, can be a serious issue. In such cases, you may request the removal of the fence or negotiate a solution. Legal advice is crucial here, as the situation could affect property ownership rights.

Why Expert Legal Advice Matters

Boundary and fencing disputes can quickly escalate into costly legal battles if not handled properly. A lawyer with experience in Building and Construction Law can:

• Review property documents and surveys.
• Advise on cost-sharing and repair obligations.
• Represent you in mediation or court proceedings.
• Ensure compliance with state laws and council regulations.

At New South Lawyers, we have extensive experience handling fencing and boundary disputes, ensuring our clients achieve fair and timely outcomes.

Fencing and boundary disputes are common in Australia, but they don’t have to result in long-term neighbour conflicts. Understanding your rights and obligations under Building and Construction Law—particularly the Dividing Fences Act 1991—is essential to finding a fair solution.

Our expert team of Building and Construction Lawyers is here to guide you through the process, from initial advice to formal resolution.

Contact New South Lawyers today for a consultation and let us help you achieve a fair outcome.