Fence disputes
Fence disputes are one of the most common causes of neighbourhood conflicts in Australia, and it’s easy to see why. Fences are important as boundary markers to separate your property from your neighbour’s property. Fencing needs to be exact and, ideally the cost of installing fencing would be shared between neighbours and, unfortunately when there’s money and land involved, tension and emotions can run high.
If a fence has been properly installed and is made from quality materials it should last a long time, but they’re not indestructible. Sooner or later, you may need to replace your fence. This is a fairly straightforward process if the fence in question is the one in your front yard. However, things can get more complicated when the damaged fence that you plan to repair or replace is a boundary fence between your property and your neighbour’s.
What is a boundary fence?
A boundary fence is a shared partition between you and your next-door neighbour. Occasionally, the term ‘boundary fences’ can be used to describe the wall all around your property – but for the context of this article, it will be regarding the barrier between you and a neighbour. A boundary fence is a property owner’s right. If you move into a house that does not have one, you are legally entitled to request one is built and that your neighbour foots half the bill. Funnily enough, a boundary fence doesn’t actually need to be a ‘fence’ – it can be a hedge, a ditch or a bank, although it needs to be agreed on as being suitable by both parties. If it is a fence, then it needs to meet reasonable guidelines – being higher than 0.5 metres, being built out of a prescribed material like wood or aluminium and being able to contain any livestock or animals on either person’s lots.
Was someone at fault?
If your boundary fence is damaged, the first step is to decide who will pay the cost of repairing or replacing it. Was the destruction to the fence caused by one party? Has a power tool DIY job gone awry, or has the neighbour’s dog damaged a few palings? If there is a party at fault, they are liable for returning the boundary fence to its original state, either by fixing or replacing portions of it. The responsible party would be liable for 100% of these costs.
One of the general requirements is that neither party should attach anything to their boundary fence that could cause damage unless the neighbour agrees that they can. This includes hanging plants, clotheslines or carports. If the fence is damaged because of strain from an external add-on, the opposite party would have a good argument for that person having to pay the entire cost. If no one is at fault, the cost of replacing the fence should be split 50/50.
What about damage caused by a tree?
Damage to a boundary fence from a tree falling over or a fallen branch is a contentious matter. Of course, you might think that if the tree isn’t growing on your land, it shouldn’t be your responsibility, but this isn’t actually right. If a healthy tree falls during a storm and damages the fence, it is still a 50/50 split in responsibility and repair costs. This is not the case if your tree falls on your neighbour’s property and damages that, which is why it may seem like a strange rule. Likewise, if a tree’s overgrown roots or bushes cause slow damage to a fence, it would be the tree owner’s responsibility to foot the bill. Due to it being a bit more of a complex issue, it’s advisable to contact your local council if your fence has been damaged by a tree to fully understand where the costs lie.
What about insurance?
Your insurance may very well cover your fence if the damage is caused by something like a storm. Insurance companies recognise boundary fences as a shared entity, and therefore will likely offer half of the repairment costs. The insurance payout would probably be provided as a cash payment, as it will make things easier to combine monies with your neighbour to pay for repairs. Insurance companies will not participate in disputes between neighbours – once their part of the claim is paid out to you, the dispute will be no longer their concern and will be left for you and your neighbour to sort out.
Friendliness goes a long way
We’ll get into legal actions in a moment; however, this is never the route you should go down first. Initially, approach your neighbour in a civil manner. A lot of issues can be solved with a friendly chat over a cup of tea or a cold beer. The fence belongs to your neighbour too, and maybe something they consider essential – for example, if they have pets or young children. They may be totally on board to agree to your proposal for how to go about fixing the fence.
Go into this discussion with a positive frame of mind and a non-judgmental attitude, as it will benefit the overall conversation and boost your chances of agreeing on a mutually satisfactory solution.
Further steps to take
Unfortunately, your neighbour may not be agreeable to fixing or replacing the fence. Sometimes people can be argumentative and try to weasel out of shared responsibilities or even try to pin all of the accountability on you.
If an informal chat has wielded no results, it will be time to start formally conducting further steps according to your local council’s rules. A ‘notice to fence’ should be sent to your neighbour and should include one or two quotes for the replacement. By law, your neighbour has a right to seek out his own quotes before agreeing to yours. Since you may be waiting around for them to do their research, your quotes should be no obligation ones, so you’re not left out of pocket.
Jim’s Fencing has been installing boundary fences for Australian homes for over 20 years and are experts at providing functional, affordable solutions. They also offer free, no-obligation quotes, so contacting their friendly service team would be a great place to start when drafting your notice to fence for your neighbour.
Also, one thing to keep in mind is that if the original boundary fence had any add-ons due to one neighbour’s needs. For example, if one neighbour requested to heighten the border above 1.5 metres to keep his large dog safe and paid for the additional height out of pocket. This disproportionate cost will need to be worked out and agreed on for any repairs.
If you’re still struggling to get things moving
If your neighbour doesn’t reply to your notice to fence, that’s when it’s time to get your local council involved. They will recommend mediation, and if that still doesn’t manifest a fair resolution, the courts may need to become involved. This is, of course, when it becomes a costly and drawn-out situation. It’s highly preferable to keep minor disputes out of court just because of the time involved in resolving this issue. Hopefully, your neighbour is agreeable enough to ensure this doesn’t happen.