Who pays for a dividing fence

Half each, for a sufficient fence

Under the Fences Act, neighbours share the cost of a sufficient dividing fence equally, unless they agree otherwise. The Act sets no height or material. What is sufficient depends on the fence that is there now, how both blocks are used, reasonable privacy, the kinds of fence usual in the area, and any planning or building rule that applies. The state's examples are a wire and post fence in the country and a 1.8 m paling fence between houses.

Where the two blocks would call for different fences, the lesser one is sufficient, and where farm land meets house land, the farm standard is. That matters in the valley wherever a house block backs onto a paddock.

Checked 25 October 2026 against Fences Act 1968 (Vic), authorised version 072 and Victorian Government: fencing in Victoria.

A better fence, or a broken one

A better fence than sufficient

The neighbour who wants it pays the extra.

Damage

An owner who damages the fence, carelessly or on purpose, pays the whole repair, and so does one whose visitor does. The Act's examples include creepers, soil piled against the fence and a clothesline attached to it.

Checked 25 October 2026 against Fences Act 1968 (Vic), authorised version 072.

The fencing notice

Talk first. If you want the neighbour to pay a share, the Act's way to ask is a written fencing notice. It says where the boundary is, what work and what kind of fence, who will do it, the cost estimate and how it was worked out, each owner's share, and that either owner can get help from the Dispute Settlement Centre of Victoria. The state publishes the form, and recommends sending it by registered post.

If the neighbour hasn't answered within 30 days, the work can go ahead, and the share can be recovered through the Magistrates' Court. If the neighbour can't be found, the state's advice is to get a Magistrates' Court order before any work begins. If they answer and disagree, it can't: after the 30 days either owner can go to the Magistrates' Court, which is the only place fencing disputes are decided. The Dispute Settlement Centre offers free mediation first, on 1300 372 888.

The council can give you a neighbouring owner's name and address for a fencing notice; Yarra Ranges has a request form.

Checked 25 October 2026 against Fences Act 1968 (Vic), authorised version 072, Victorian Government: fencing notice (and the standard and urgent notice forms), Victorian Government: fencing in Victoria and Yarra Ranges Council: building a fence.

Next to a park, a reserve or Crown land

The Act doesn't apply to unalienated Crown land, and the Crown doesn't contribute. A council or trustee holding land as a public park or reserve isn't an "owner" under the Act either, so it can't be made to pay half. So where a valley block backs onto a public reserve or Crown land, the fence is usually yours alone.

Checked 25 October 2026 against Fences Act 1968 (Vic), authorised version 072 and Victorian Government: fencing in Victoria.

After a storm

A fence brought down by a tree, fire or flood can be fixed straight away when giving a notice first isn't practical. Storm damage to a fence explains the urgent fencing notice that follows.

Checked 25 October 2026 against Fences Act 1968 (Vic), authorised version 072.