Dividing Fence Disputes: Who Pays and What To Do
Sharing the cost, fencing notices and where disputes go in NSW and other states
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Fences are one of the most common sources of disputes between neighbours. In NSW the Dividing Fences Act 1991 sets out who pays and how to resolve disagreements, and most disputes can be settled without going to court if the steps are followed in order.
Optimum Lawyers is a property law firm in Parramatta Square, led by principal solicitor Wisam Assi. We act on purchases, sales, settlements and transfers in every Australian state and territory.

Ask us about a fence or boundary dispute
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Who pays
In NSW, adjoining owners generally share the cost of a sufficient dividing fence. What is sufficient depends on the existing fence, other fences in the area, how each property is used and council requirements. One owner may have to pay more if they want a higher standard, if the fence is also a pool barrier, or if they damaged it.
The fencing notice
- Talk to your neighbour first, and get a quote from a fencing contractor.
- Serve a written fencing notice with the quote and the proposed cost split.
- If you cannot agree within one month of serving the notice, you can apply for a fencing order.
Where disputes go
In NSW, fencing orders can be made by the Local Court or the NSW Civil and Administrative Tribunal. Retaining walls are covered where they support the dividing fence. Other retaining wall disputes usually go to the Supreme Court. If the boundary line itself is disputed, a surveyor and NSW Land Registry Services may be needed.
Other states
Each state has its own law. Victoria uses the Fences Act 1968, and Queensland uses the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011. The general approach of sharing the cost and serving notice is similar, but the forms, timeframes and tribunals differ.
Buying a property with a fence problem
A fence in the wrong place can mean the boundary is not where you think it is. If a survey or the title plan shows an encroachment, raise it before you exchange. See easements and property disputes.
What clients say
“Wisam has been my solicitor for both purchasing and selling my property.”
Glenn Johnstone, Google review
Questions about dividing fences
Do I have to pay half of my neighbour’s new fence in NSW?
Usually you share the cost of a sufficient dividing fence. You do not have to pay for a higher standard than is sufficient.
How long do I wait after a fencing notice?
In NSW you can apply for a fencing order one month after serving the notice if you have not agreed.
Who decides fence disputes in NSW?
The Local Court or NCAT can make fencing orders.
What if the fence is not on the boundary?
A survey can confirm the boundary. If it is disputed, NSW Land Registry Services can determine it.
Related: Property dispute lawyers | Easements on property | Adverse possession
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