What to Do If Your Neighbour Won’t Pay for a Fence in Australia?

Disputes over boundary fences are more common than many property owners expect. When a neighbour refuses to pay for a fence, it can quickly turn into a stressful and expensive problem. Across Australia, laws exist to ensure neighbours share responsibility for boundary fencing, but many people are unaware of their rights.

This guide explains what to do if you are facing a boundary fence dispute, your legal options, and when to seek help from fence dispute lawyers.

In most Australian states, neighbours are required to share the cost of a “sufficient” dividing fence. This means:

• The fence must be reasonable for the type of property
• Costs are usually split equally
• Both parties must be consulted before work begins

If your neighbour refuses, legal steps may be necessary.

Step 1: Try to Resolve the Issue Informally

Before taking legal action, attempt to discuss the issue calmly. Show your neighbour:

• Fence quotes
• Relevant legislation
• Photos of the current fence condition

Many disputes can be resolved through communication.

Step 2: Check Your State Fencing Laws

Each state has its own fencing legislation. These laws outline:

• Cost-sharing rules
• Types of acceptable fences
• Dispute resolution procedures

If your neighbour still refuses, the law may allow you to issue a formal notice.

Step 3: Serve a Fencing Notice

A fencing notice is a legal document that requests your neighbour’s contribution. It includes:

• Fence details
• Cost estimates
• Your proposed share

If they do not respond, you may proceed to mediation or court.

Step 4: Apply for Mediation or Court Orders

If no agreement is reached, you can apply to the relevant tribunal or local court. A magistrate can order your neighbour to pay their share of the fence.

Step 5: Get Legal Advice

Engaging fence dispute lawyers ensures you follow the correct process and protect your rights. Experienced Perth property lawyers can help draft notices, negotiate settlements, and represent you in court.

Choosing the best property lawyers Perth gives you the confidence that your case is handled professionally and efficiently.

Fence disputes often involve:

• Property boundaries
• Council regulations
• Shared ownership rights

Professional legal guidance avoids costly mistakes and long delays.

If your neighbour refuses to pay for a fence, you are not powerless. Australian law provides clear steps to resolve a boundary fence dispute. Acting early and seeking advice from trusted Perth property lawyers can save time, money, and stress.

1. Can my neighbour refuse to pay for a fence?

Generally, no. Most laws require shared payment.

2. What if they ignore my fencing notice?

You may apply to court or a tribunal.

3. Do I need a lawyer?

Working with fence dispute lawyers is highly recommended.

4. How long does it take to resolve a dispute?

It varies, but legal guidance speeds the process.

5. Who are the best property lawyers Perth?

Choose firms specialising in property and fencing disputes.