Storm damage to a fence

Fix it first, notice after

Normally fencing work waits for a fencing notice or an agreement. The Fences Act makes an exception: when the fence has been damaged or destroyed, the work is urgent, and giving a notice first isn't practical, the work can go ahead straight away. The Act's examples are a falling tree or branch, fire and flood.

To ask the neighbour for their share afterwards, give them an urgent fencing notice: why it was urgent, what it cost with the receipt, and each owner's share. If, 30 days later, they disagree or haven't answered, either owner can ask the Magistrates' Court for an order. The state publishes the form.

Checked 25 October 2026 against Fences Act 1968 (Vic), authorised version 072 and Victorian Government: fencing notice (and the standard and urgent notice forms).

Whose tree

Under the Fences Act, an owner who damages the fence through negligence or on purpose pays the whole repair. Otherwise the usual shares apply. Whether to claim on insurance is between you, your neighbour and your insurers.

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

Before anyone touches it

Keep clear of anything leaning on a power line. A fibro fence from before 1990 may contain asbestos, so leave the broken sheets alone: asbestos fences says who can remove them. A tree across the fence is usually an arborist's job first and a fencer's second.

Checked 25 October 2026 against Asbestos in Victoria: where is asbestos?.

Asking for a quote

Say how many metres are down, what the fence is made of, and whether the tree is still on it. Photos of the whole run and the worst part help.