We built a boundary fence before our neighbours built their house. We have approached them…

Hi,

How long ago was the fence built?

I am just referring to the applicable legislation....

DIVIDING FENCES ACT 1991 - SECT 6

General principle-liability for fencing work

6 General principle-liability for fencing work

(1) An adjoining owner is liable, in respect of adjoining lands where there is no sufficient dividing fence, to contribute to the carrying out of fencing work that results or would result in the provision of a dividing fence of a standard not greater than the standard for a sufficient dividing fence.

(2) This section applies whether or not a dividing fence already separates the adjoining lands.

DIVIDING FENCES ACT 1991 - SECT 7

Contribution as between adjoining owners-generally

7 Contribution as between adjoining owners-generally

(1) Adjoining owners are liable to contribute in equal proportions to the carrying out of fencing work in respect of a dividing fence of a standard not greater than the standard for a sufficient dividing fence.

(2) An adjoining owner who desires to carry out fencing work involving a dividing fence of a standard greater than the standard for a sufficient dividing fence is liable for the fencing work to the extent to which it exceeds the standard for a sufficient dividing fence.

(3) An adjoining owner who desires to carry out the trimming, lopping or removal of vegetation (as referred to in paragraph (b) of the definition of
"fencing work" in section 3) for a purpose other than the provision of a sufficient dividing fence is liable for the expenses of carrying out the work to the extent to which those expenses are attributable to work done for that other purpose.

DIVIDING FENCES ACT 1991 - SECT 11

Notice to carry out fencing work

11 Notice to carry out fencing work

(1) An adjoining owner may require the other adjoining owner to contribute, under this Act, to the carrying out of fencing work by serving a notice in writing to that effect on the other owner.

(2) The notice is to specify the following:

(a) the boundary line on which the fencing work is proposed to be carried out or, if it is impracticable to carry out fencing work on the common boundary of the adjoining lands, the line on which it is proposed to carry out the work,

(b) the type of fencing work proposed to be carried out,

(c) the estimated cost of the fencing work.

(3) The owner serving the notice may propose that the cost of the fencing work is to be borne otherwise than in equal proportions. In such a case, the notice is to state the proposed proportions.

(4) The description of land in a notice need not particularly define the land if it allows no reasonable doubt as to what land is referred to in the notice.

(5) An adjoining owner is not liable to contribute to the cost of any fencing work in respect of a dividing fence:

(a) carried out before a notice under this section is served on the adjoining owner (unless section 9 applies or the notice is served in accordance with section 22), or

(b) carried out after the service of the notice on the adjoining owner and before agreement is reached by the adjoining owners concerning the fencing work (including the contributions to be made in respect of the work) or before the matter has been determined by the Local Court or the Civil and Administrative Tribunal.

The problem you have, is that you did not seek legal advice prior to construction of the fence.

Note: You can apply for 12 months extension.... and if granted your neighbour will be responsible to pay $$$