Everything You Need To Know About Shared Fences: Repairs, Cost & Disputes

At its core, a fence is just a physical boundary between two plots of land. They allow each neighbour to have their own separate space, and keep things clear and comfortable for neighbours.

But what happens when a fence needs repairing or replacing? Who’s responsible for the cost, and what do you do if you and your neighbour don’t agree?

In this article, we’ll walk you through how shared fences work, your responsibilities, and what options are available if a dispute arises.

 

What Is A Shared Fence?

A dividing fence, the technical term as defined by the Fences Act, is a structure that separates two pieces of land. These fences can exist between private lots and the common property, private lots within the owners corporation, or private lots and neighbouring properties that are not part of the owners corporation.

The dividing fence must be “sufficient”, which is determined by:

• The type and style of the existing fence
• How the adjoining land is used
• Privacy and security needs
• Fencing styles commonly used in the area

 

If there are two residential townhouses, a timber paling or Colorbond fence may constitute a sufficient dividing fence. However, for two commercial warehouse units a steel fence might be sufficient.

 

Who Pays To Repair The Fence?

Owners sharing the fence will usually split the cost of repairing or replacing the fence equally, but they can negotiate to contribute different amounts if they choose to do so.

There are notable exceptions to the standard rule of sharing the costs equally:

1. An owner who damages the fence (intentionally or negligently) will be responsible for the full cost of repairs
2. When a fence is shared with council-owned land (such as public parks or footpaths), the council isn’t required to contribute to repairs since it is considered a custodian of the land, not an owner.

 

Upgrading The Shared Fence

If an owner wants to upgrade and improve the fence (for increased privacy, aesthetics or other reasons), the owner who wants the improvement must cover the additional cost. There is no obligation for other owners to contribute to the higher cost.

Pro tip – in these instances (and all instances involving shared fences), clear and concise communication and agreements in writing are important to help prevent disputes.

 

Steps To Manage Fence Repairs

Before any work begins, the owner initiating the repairs must notify and obtain written agreement from all affected owners. The agreement should specify the quotes and the amount each owner will be contributing.

If they don’t know the identity of the owners, they must make all reasonable efforts to locate and identify them. Reasonable efforts might include knocking on doors or running a title search on LANDATA. The local council may provide their details if they are satisfied the request relates to fencing works.

 

Disputes Over Fence Repairs

If owners cannot agree on the works, such as the cost, the necessity of the repairs or whether the proposed dividing fence is sufficient, the owner initiating the works can follow the process in the Fences Act and issue a Fencing Notice. This is a formal document outlining a proposal for the fencing works. It should include the location and type of proposed fencing work as well as the estimated costs and proposed contribution from each party.

If the neighbour doesn’t respond to the Fencing Notice within 30 days the owner who wishes to carry out the works can commence, and then seek reimbursement through commencing legal action at the Magistrates’ Court.

If the neighbour responds but there is still a disagreement, the Dispute Settlement Centre of Victoria provides a free mediation service to allow owners the opportunity to resolve disputes. If mediation fails, the owner can apply for a Fencing Order from the Magistrates’ Court, who will decide on the type, location and how costs will be shared.

 

Disputes Over The Boundary Or Location Of The Fence

A licensed surveyor should be engaged if there is a disagreement over the exact location of the property boundary. The surveyor will determine the location based on the dimensions and measurements from the plan of subdivision.

The owner who engages the surveyor will be initially responsible for the cost as the surveyor will typically not carry out the investigation without payment. However, they are entitled to proportionate reimbursement unless the surveyor confirms the boundary is where the neighbour claimed.

 

The Role Of Owners Corporation Managers

If a dividing fence is shared with common property, the strata manager will assist with arranging quotes and facilitating the repairs. The cost of the repairs would be shared with the owner and the owners corporation (as owners of the adjoining land).

However, if the adjoining land is not common property, the manager cannot become directly involved (as the role of an owners corporation manager is to assist with the management of owners corporation responsibilities and obligations). In these instances, the manager can:

• Reach out to the neighbour (assuming the neighbour is part of the owners corporation) and pass on the owner’s details so they can discuss the repairs independently
• Provide guidance on the process of repairing fences
• Recommend any local fencing contractors known to them

 

Conclusion

Knowing your rights and responsibilities when it comes to shared fences can save time, money, and neighbourly relationships. If in doubt, seek professional guidance to ensure your fencing works are fair, compliant, and conflict-free.