Commonly Asked Fencing Questions (FAQ)
Some of the more common frequently asked questions relating to the fencing of boundaries are listed below. Please click on the question you wish to have answered, otherwise, feel free to contact me.
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I want to build a fence between my neighbour's property and mine - who pays?
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Can I just put up the fence and send them the bill?
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If I buy a home, can I be held responsible for the previous owner's fencing commitments?
I want to build a fence between my neighbour's property and mine - who pays?
Generally speaking, if you wish to build a fence on your boundary with your neighbour, you are required to go halves with the fence. There can be some variations depending on if the fence is adequate or extremely expensive. Also some variation may be applied if one or both neighbours build / fix the fence.
Can I just put up the fence and send them the bill?
No you can not! There is a formal procedure you must follow. See above.
If I buy a home, can I be held responsible for the previous owner's fencing
commitments?
If either party sells before all the matters are dealt with, the arrangement ends.
This question is similar to asking how long is a piece of string. If you’re in the country an adequate fence could be a post and wire or wire netting fence. If you are in the city you are looking at picket or plank fences or close boarded fences.
Adequate fencing listed under the second schedule of the Fencing Act. These include:
Urban Areas Rural Areas
Post and rail fence (at least four rails) 7 or 8 wire fence
Close boarded fence 9 or 10 wire fence
Paling fence Prefabricated (netting) fence
Panel fence Live fence (e.g. a hedge)
What if the neighbour doesn’t respond?
If there is no response within the 21 days after receipt of your notice then construction can proceed and the neighbour is required by the Act to contribute 50% of the cost. You must however, start work on the fence within 28 days.
How do I know the fence is going in the right place?
The only way to be sure if the fence is going in the right place is to find the old survey pegs (and be sure that you agree that they are reliable), alternative engage a Licensed Cadastral Surveyor to partake in a redefinition survey of the relevant boundary being resurveyed.
Further Reading topics: Fencing a Boundary, Surveying, FAQ, Home, Contact me
