Boundary Fencing Rules in NSW — Who Pays for What?
Boundary fencing disputes are one of the fastest ways to ruin a relationship with your neighbour. Understanding the rules before you pick up the phone (or worse, pick up a post driver and start without talking) saves money, stress, and years of awkwardness at the local pub.
DISCLAIMER: This is general information, not legal advice. For specific disputes, contact NSW Fair Trading or a solicitor.
THE DIVIDING FENCES ACT 1991
This is the legislation that governs boundary fencing between adjoining properties in NSW. The key principles:
1. Adjoining owners are equally liable for the cost of a "sufficient dividing fence." That means you split the cost 50/50 for a fence that's adequate for its purpose.
2. A "sufficient" fence is one that's adequate for the purpose of both properties. If one property runs sheep and the other runs cattle, the fence needs to be sufficient for the more demanding stock type (sheep, which need tighter mesh).
3. You must give notice before building or repairing. You can't just build a fence and send your neighbour a bill. There's a formal process involving a written notice (a "fencing notice") that sets out the proposed work and estimated cost.
THE FENCING NOTICE PROCESS
Step 1: Serve a fencing notice on your neighbour. This written notice must describe the proposed fence (or repair), the estimated cost, and each party's proposed share. It can be hand-delivered, posted, or emailed.
Step 2: Your neighbour has 30 days to respond. They can agree, propose changes, or object.
Step 3: If you agree, proceed with the work and share costs as agreed.
Step 4: If you can't agree, either party can apply to the Local Court or, for simpler matters, NSW Fair Trading for mediation.
WHAT COUNTS AS 50/50?
The equal liability applies to a "sufficient dividing fence" — meaning a standard fence adequate for the properties' use. For two grazing properties in the Central West, that's typically a standard hinged joint mesh fence with star pickets and strainer assemblies.
If one party wants something better than sufficient — say, exclusion fencing when standard mesh would do — they pay the difference. For example, if a standard fence costs $4,000 and your preferred exclusion fence costs $8,000, the neighbour pays $2,000 (half the sufficient standard) and you pay $6,000.
COMMON SCENARIOS
Both properties run stock: Equal share of a fence suitable for both stock types. If you run sheep and they run cattle, the fence should be sheep-standard (tighter mesh) and you split that cost equally.
One property is vacant land: The vacant landowner is still liable for their share. Vacant doesn't mean exempt. However, if the land has never been fenced and there's no agricultural use, it can be harder to compel them to contribute.
One property is a council road or Crown land: Different rules apply. Contact your local council or Crown Lands for their fencing policy. Many councils have specific processes for road boundary fencing.
New subdivision: The developer typically installs boundary fencing as part of the subdivision approval. Check the subdivision conditions.
Tenant on one side: The liability sits with the landowner, not the tenant. If your neighbour's property is leased, you deal with the owner, not the person running stock on it.
WHAT IF YOUR NEIGHBOUR WON'T PAY?
If you've served a fencing notice and your neighbour refuses to contribute:
1. Try talking face to face first. Most fencing disputes are resolved over a cuppa, not in court.
2. If talking doesn't work, apply for mediation through the Community Justice Centre (free service).
3. If mediation fails, apply to the Local Court for an order compelling contribution.
4. If you need to build urgently (stock escaping, safety issue), you can proceed and recover costs through the court process.
PRACTICAL TIPS FROM EXPERIENCE
Talk early: Don't wait until the fence is falling down. Approach your neighbour when you first notice it deteriorating. A conversation about "we should probably look at this fence in the next year or two" is much easier than "your fence is broken and your cattle are in my paddock."
Get written quotes: Having a proper materials quote from a supplier (like us) makes the conversation concrete. It's hard to argue about costs when there's a detailed quote on the table.
Offer to do the labour: Many neighbours agree on costs more easily when one party offers to do the work. "I'll build it, you pay for half the materials" is a common and effective arrangement.
Agree on specifications: Decide together what mesh, what picket spacing, and what wire. Getting this sorted before you start avoids arguments about quality and cost mid-project.
Consider the long game: You'll be neighbours for years or decades. A small concession on fencing costs is worth it for a good relationship.
GETTING YOUR QUOTE
For boundary fencing quotes suitable for neighbour discussions, fencing notices, or court applications, contact us at 76 Astill Drive, Orange, or phone 0434 093 077. We provide detailed written quotes showing all materials, quantities, and pricing — exactly what you need for a fencing notice or cost-sharing agreement.