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Must I always use a fencing notice?

  • You do not always need to use a fencing notice. You should first attempt to discuss the issue with your neighbour and reach an agreement without using a more formal fencing notice. If you can both agree about the work that needs to be done and how the costs will be shared then there is no need to use a fencing notice.
  • Your agreement would be a verbal contract and would be governed by principles of contract law rather than by the written law relating to fencing in your state or territory.
  • If you have reached a verbal agreement and are worried that your neighbour is not intending to comply with that agreement you can find more information in our Contract Law topic.