Neighbour Won’t Pay Half the Fence? The Notice You Have to Send First (Every State)

The old paling fence is leaning into your yard, half the palings are rotten and the dog gets through it weekly. You got two quotes, walked next door with them, and got a shrug: “It’s fine from our side.” Or “we’re renting, talk to the owner.” Or just a door that doesn’t open any more.

Here’s what most people don’t know: if you replace the fence now, you’ll almost certainly wear the whole cost. Every state’s fencing legislation makes the neighbour liable for their share only if you served a proper fencing notice first and either they agreed or a court or tribunal ordered it. The notice is the whole game.

Your rights

Adjoining owners are jointly liable for a “sufficient” dividing fence, normally in equal shares. “Sufficient” means the standard fence for the area, not the one you’d prefer: if you want colorbond and the street is timber paling, you pay the difference. Each state’s Act creates the process: you serve a written fencing notice describing the boundary, the proposed fence, the work, the cost and the share sought; the neighbour has a fixed period to agree, object or counter-propose; and if there’s no agreement, either owner applies to the court or tribunal for an order fixing the type of fence, the line, each owner’s contribution and the timing. An order is enforceable as a debt. Urgent repairs (a fence down in a storm) can usually be done first and claimed after, but only under specific provisions, so follow your state’s rule.

By state

• New South Wales. Dividing Fences Act 1991, s 11 fencing notice. The neighbour has one month to agree; if not, apply to the Local Court or NCAT for a fencing order.
• Victoria. Fences Act 1968, s 13 fencing notice (a standard form is published). 30 days to respond; disputes go to the Magistrates’ Court, not VCAT.
• Queensland. Neighbourhood Disputes (Dividing Fences and Trees) Act 2011. Serve the Form 2 Notice to Contribute with at least one quote (two if seeking a contribution above a set amount). One month to agree; then apply to QCAT within two months of the notice.
• Western Australia. Dividing Fences Act 1961. Written notice of the proposed fence and cost; 21 days to respond; then the Magistrates Court.
• South Australia. Fences Act 1975. Serve the Form 1 Notice of Intention to Fence; the neighbour may serve a Form 3 cross-notice with an objection or counter-proposal within 30 days; then the Magistrates Court.
• Tasmania. Boundary Fences Act 1908. Serve a written notice to join in fencing; the neighbour has 21 days to object; disputes go to the Magistrates Court.
• Australian Capital Territory. Common Boundaries Act 1981. Serve a written notice asking the neighbour to discuss contribution; at least 14 days must pass before applying to ACAT for a fence determination.
• Northern Territory. Fences Act 1972, s 7 notice to fence (boundary line, fencing proposal, kind of fence). If no agreement within one month, either owner applies to NTCAT under s 8.

The Claim Done document asks your state first and drafts the notice to that state’s Act, form and response period.

What to do right now

1. Confirm the boundary. Your title plan shows the line; if there’s any doubt, a surveyor’s peg-out is cheap compared with a fence in the wrong place.
2. Get two written quotes. For the “sufficient” fence for your area, from licensed fencers, itemised for materials and labour. If you want something better, get a quote for that too, so the notice can show the difference you’ll cover.
3. Identify the owner. Tenants aren’t liable. A title search tells you who is; a body corporate for a strata neighbour.
4. Serve the fencing notice. On the prescribed form where there is one; otherwise a letter containing every element the Act requires: the boundary, the fence type and height, the work, the quotes, the proposed share, the timing, and the response period. Hand delivery or post to the owner.
5. Diary the response date and apply if it lapses. Court and tribunal fencing applications are cheap and typically decided on the notice and quotes.

Why you shouldn’t just build it and send the bill

Tribunals see this weekly: an owner replaces a fence, then sues for half. The answer is nearly always “no notice, no contribution”. Some states allow limited recovery for urgent repairs done without notice, but a full replacement is not urgent repair. The notice also protects you on the other side: once served, the neighbour can’t build something you didn’t agree to and claim half from you. Serve it, wait the period, then either you have agreement in writing or an order. Either way, the neighbour’s half is enforceable.

Who to complain to

New South Wales Local Court or NCAT; Victorian Magistrates’ Court; QCAT; Western Australia Magistrates Court; South Australia Magistrates Court; Tasmanian Magistrates Court; ACAT; NTCAT. Community justice centres in most states offer free mediation for fence disputes and some tribunals expect you to have tried it. Your council for fence-height and pool-fencing rules, which override anything you and the neighbour agree.

Serve the fencing notice — $49

Claim Done drafts a Fencing Notice for your state that identifies the boundary, describes the proposed fence and work, attaches your quotes, states the contribution sought and the response period the Act requires, and tells the neighbour where you’ll apply if they don’t respond.

Draft My Fencing Notice — $49 →

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