·         A dividing fence separates the land of adjoining owners regardless of whether the land in question has a common boundary.

·         A dividing fence can be anything which effectively separates one property from another including:

o   an embankment;

o   a hedge or similar vegetation barrier; or

o   a structure such as a traditional wood, wire or colourbond fence.

·         Local councils may have policies about the types of dividing fences that can be erected. Some types of fencing will also require you to obtain development approval prior to erection. You should contact your local council to seek information and advice about establishing a dividing fence between properties before you build.

·         In NSW there is written law that regulates each neighbours' responsibilities towards a dividing fence.

o   This is called the Dividing Fences Act 1991 (NSW). It covers issues around constructing, repairing, replacing or maintaining a dividing fence.

o   Public authorities who administer Crown land including public parks, reserves and roads do not have to comply with this law.

o   The law also does not prevent neighbours from coming to their own agreements about a dividing fence. This is often preferred in many cases.

·         The general rule is that the cost of fencing to an appropriate standard should be shared equally between the owners on both sides of the dividing fence. If any owner would like to have work carried out above the sufficient standard it will be necessary for them to cover the additional costs.

·         The exception is where the deliberate or negligent (careless) actions of one owner have caused damage to the fence requiring it to be repaired or rebuilt. In that situation the owner at fault will be required to pay all the costs of fixing the fence to a reasonable standard.

·         The procedure set out in the written law in most states and territories will require you to issue your neighbour with a fencing notice. That notice must contain details of the work you propose. The fencing notice should be provided to the owner of the property and contain information about:

o   the boundary line and the proposed fence line;

o   what type of fencing work is being proposed;

o   how much it is expected to cost; and

o   how the costs are to be shared (if not equally).

·         If you cannot reach an agreement you or your neighbour may request mediation at a Community Justice Centre. Alternatively if a month has passed since the fencing notice was given you or your neighbour can apply to the Local Court, Magistrates' Court or the Civil and Administrative Tribunal in your state or territory for an order deciding the matter.

·         Similar procedures exist in each state and territory but they will vary slightly. You need to check the relevant legislation in your state or territory as the rules are different in each location.