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What happens if my neighbour will not reply to a fencing notice?

  • The process for undertaking fencing work in this situation will depend on your particular state or territory of residence.
  • In Victoria if you have given your neighbour a fencing notice and 30 days have elapsed without a response you can commence the fencing works. This can be done without your neighbour's agreement. If they refuse to pay their proportion of the costs you can seek to recover that amount through the Magistrates' Court of Victoria.
  • You will need to check the relevant legislation in your state or territory as the rules are different in each jurisdiction.
  • If you find yourself in a fencing dispute and need legal advice our LegalPlan™ membership will allow you to ask lawyers for a Fixed-Fee Quote on your matter.