Dividing fences are covered by the Dividing Fences Act 1961
The Dividing Fences Act 1961 is an act relating to the construction and repair of dividing fences between certain lands and for incidental and other purposes.
Additional information regarding the regulation of dividing fences can be obtained from the Department of Mines, Industry Regulation and Safety, including an information booklet titled ‘Dividing Fences – a guide’.
This guide is intended to help you understand the Dividing Fences Act 1961 (the Act) and outlines processes for neighbours to agree on the fence that divides their properties, to determine boundaries and to share the cost of construction and maintenance. The Act also enables the courts to deal with disputes that may arise over dividing fences.
If fencing disputes arise between adjoining properties and the matters cannot be resolved, you may find the Citizens Advice Bureau useful in obtaining legal advice on a broad range of issues including dividing fences. http://www.cabwa.com.au/
Last updated: 18 March 2019