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Does your Neighbour have to pay for half a fence NSW?

4 min read

Asked by: Tony Spunky

The law says that owners must share the cost of building a sufficient dividing fence between your properties. This means that if your neighbour wants a fence, but you do not, you are still responsible for sharing the cost of building it.

What is a dividing fence NSW?

Under the Act, a dividing fence is a fence separating the land of adjoining owners whether or not it is on the common boundary. It can be a structure, ditch, embankment, hedge or similar vegetative barrier and includes: any gate, cattlegrid or apparatus necessary for the operation of the fence.

How high can a dividing fence be in NSW?


In NSW the height of a boundary fence should not exceed 1.8m in height. If this just isn’t high enough, you can apply for an exemption (planning approval). Important to note that this height is from taken from the higher part of the natural ground level.

Who is responsible for what side of fence?

When looking at the plans, the ownership is indicated by a “T” marked on the plans on one side of a boundary. If the “T” is written on your side of the boundary, you’re responsible for maintaining it. If there’s an H (although actually it’s two joined Ts) the boundary is the joint responsibility of both parties.

Can my Neighbour make me replace my fence?

It is important to know that your neighbours are not legally obliged to fix or replace a fence, unless it is causing a safety issue. If you find yourself in the unfortunate position where your neighbours are refusing to take any action on their damaged fence, a final option may be to erect a new fence on your own land.

How do you know who owns a dividing fence?

Typically, you can guess who owns a fence by seeing where the rails are, with the fence typically facing away from their property so that their neighbour gets the ‘good’ side of the fence. This is the most secure way of facing fencing so there are no rails for anyone to use to climb into your garden.

What is an adequate boundary fence?

adequate fence means a fence that, as to its nature, condition, and state of repair, is reasonably satisfactory for the purpose that it serves or is intended to serve. adjoining occupiers means the occupiers of the lands on either side of a common boundary or a common fence.

Can I build a fence without my Neighbours permission NSW?

No, if you enter your neighbour’s property without their permission you will be trespassing. However, you may be able to enter your neighbour’s property to do fencing work at any reasonable time without first asking them if: urgent fencing work is required, or.

Can you build a fence next to another fence?

Yes. Yes, you can build next to your neighbour’s fence. As long as you’re inside your property line you’re fine. One consideration: your posts might have to be staggered relative to the fence posts of the existing fence.

Can my Neighbour build right to my boundary?

In general, your neighbour only has the right to build up to the boundary line (line of junction) between the two properties but there are circumstances when they can legitimately build on your land. You can give consent for them to build a new party wall and foundations on your land.

Can my Neighbour lean things against my fence?

It’s simple: you can only do this if your neighbour says you can. If you lean something against or hang something on your neighbour’s fence without permission and the extra burden on the panels causes damage to the fencing (which is very likely to happen sooner or later), you will have to pay for the repairs.

Can a Neighbour take down a boundary fence?

Paula Higgins, chief executive of HomeOwners Alliance, told The Sun: “If you own the fence and it is on your property, neighbours have no right to take it down even if they have been granted planning permission. “You should also check whether there needs to be a Party Wall Agreement in place.”

Do I need to tell Neighbours about fence?

If your neighbour owns the wall or fence
If your neighbour is the legal owner of the fence and, for example, you want them to paint or fix the wall, they have every right to say no.

Can I go on my neighbors property to maintain my fence?

The general rule is that to go onto someone else’s property you need their permission, but there are exceptions that can be relied on where consent is proving tricky to obtain. A property disputes lawyer will explain the position in your case and guide you through the process of securing the access you need.

Is it my fence or my Neighbours?

Who owns a fence, me or my neighbour? Contrary to popular belief, there’s no rule that says the fences on the left side of your home belong to you.. The transfer or conveyance deed might state who owns it, but if it’s not in writing, then look out for any T-mark to the boundaries.