Does the neighbour legally have to pay for half the fence?
An Aussie homeowner whose neighbour has refused to pay for a shared boundary fences has sparked furious debate about what is legal.
The NSW resident was the first to build in their street and erected all their boundary fences to secure the property while awaiting for neighbouring homes to be constructed.
While the owner was able to recoup half the costs of fences on two sides of the property, a neighbour on one side has refused to pay.
“Our family built our new house in a new estate in NSW, and we have been living in it for over two years,” the owner said.
“We were the first to build on our street and of course the first to erect a fence around our house.
“Our next-door neighbours were more than happy to pay for their half of the cost of the adjoining fence.
“Our neighbours at the rear finally came to the party nearly two years after sending numerous emails to the builder.”
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The rules don’t just apply to fences on new builds but also the replacement of damaged fences. Picture: Sarah Matray
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The owner explained a local real estate company owned the property that shared the unpaid boundary and had been trying to sell for years.
The company had apparently given the NSW family “the run around and not agreed to pay” before finally selling off the block to a builder.
Attempts to get the new owner to come to the party on the fencing costs also failed to get a result.
“My husband talked to this builder about paying for his half of the fence, and was bluntly told he is not paying because he bought the block with the fence already erected on it,” the owner said.
“What are we legally able to do to recoup the other half of the fence’s cost?”
Maurice Blackburn legal expert Alison Barrett said rules on fencing can vary slightly between Australian states but they all follow the same general premise that can leave owners out of pocket if they jump the gun.
“Before starting any shared boundary fence, serve a formal fencing notice and try to secure written agreement. It preserves your contribution rights and avoids the ‘new owner’ problem,” Ms Barrett told Yahoo News.
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People who don’t properly notify neighbours about fence work can struggle to recoup costs.
Ms Barrett said many property owners don’t serve written notice to neighbours which can leave them with little legal recourse to recoup costs if someone isn’t willing to pay.
“The usual process is: One owner serves a written fencing notice proposing the type of fence and a 50/50 cost split,” she said.
“If there’s no agreement, either party can apply to the NSW Civil and Administrative Tribunal (NCAT) or the Local Court for orders.
“If a fence is erected without an agreement or orders, you can still ask for a contribution, but recovery is harder.
“A tribunal or court can consider whether the fence was necessary and reasonable at the time, and what is fair in the circumstances.”
Ms Barrett said the new owner of the NSW property in question isn’t obligated to pay because liability rests with the original owner and the period since the fence was erected has exceeded 12 months.
People online were quick to side with the builder, saying the issue rested squarely with the previous owner and not the new one.
“Your kidding, fence was already there when new person bought the property, not their fault the real estate wouldn’t come to the party,” one per commented.
“Great way to start a neighbourhood argument don’t some people realise that they will be neighbours for a long time to come,” said another.
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