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Dividing fences
Definition
A dividing fence is a fence that separates the lands of adjoining owners. The fence may be a structure of any material, a ditch, an embankment or a vegetative barrier (eg hedge). It does not include a retaining wall or the wall of a building.
The cost of a dividing fence includes the cost of all related fencing work, such as preparation of the land, as well as the design, construction, replacement, repair and maintenance of the fence.
Local Council approval
An owner should contact the local council before erecting a new dividing fence. Councils may have specific requirements for fencing heights or construction methods.
Costs of a dividing fence
Adjoining owners must share the cost of the fence, except that:
- An owner must pay the additional cost if they want a fence of a higher standard than is required for a sufficient dividing fence;
- An owner will have to pay the full cost if the existing fence is damaged, either deliberately or negligently, by the owner or by someone else with the owners permission. If the fence is damaged by a tenant, the owner must pay for the work even if they plan to claim the cost from the tenant;
- Public authorities with control over Crown lands, parks, reserves etc do not have to contribute to fencing costs. However people living next to such properties may be able to negotiate with that authority for a contribution.
- Common trusts are subject to the Dividing Fences Act 1991, and are liable for contributions to fencing.
A sufficient dividing fence is defined as a fence which separates the properties, for example a paling fence in a residential area, or a wire and steel star post fence in a rural area. The owner who seeks a fence of a higher standard is liable to pay the difference in the cost between that fence and a sufficient dividing fence.
Resolving fencing disputes
The Department of Lands (Lands) is the authority charged with the administration of the Dividing Fences Act 1991: setting fees, making appropriate regulations or arranging for any necessary amendments to the Act.
Advice relating to fencing disputes should be sought from other sources including Legal Aid Services, LawAccess NSW, Community Justice Centres or private lawyers.
For more information on dividing fences and dispute resolution, please see Fact Sheet: Dividing fences law (PDF 114 kb) or download the Application to Local Land Board (LLB) for an Order for Fencing Work (PDF 24kb).
Land Board Registrar contacts
North Coast NSW - T: 6591 3521
Central NSW - T: 6764 5113
Southern NSW - East - T: 4428 9100 West - T: 6993 1306
Hunter/ central coast region - T: 4937 9349
Sydney region - T: 8836 5332
Far West NSW - T: 6883 3004
