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Dividing Fences

Owners of adjoining land are each required to pay half the cost of erecting or repairing a "sufficient fence" between their properties. This will apply to vacant land and to lots on which there are pre-established dwellings. In order that you don't outlay for the full cost of the construction of a fence yourself, it is advisable to have a written agreement with the adjoining owner or a court order prior to commencing construction.

The Dividing Fence Act 1961 describes a 'sufficient fence' as

  1. one that is described by a local government local law
  2. a fence of any standard agreed upon by adjoining owners provided that it does not fall below the standard prescribed by the relevant local government law
  3. a substantial fence that is ordinarily capable of resisting the trespass of cattle or sheep
  4. a fence determined by a Magistrate in a Court of Petty Sessions to be a sufficient fence

FAQ's - Issues on Dividing Fences When Buying & Selling Property

I built a fence with the adjoining land was vacant. I have sold my house and since then a house has been built on the vacant land. Can I still claim payment for a share of the fence that I built?

The right to claim exists while the person who built the fence continues to own the property, however it is doubtful whether this right exists after the property is sold. The commonly held legal view is that the right does not continue.

I built a fence when the adjoining land was vacant. I have sold my house and since then a house has been built on the vacant land. Can I pass my claim for payment for a share of the fence that I built to the person who I sold my house to?

No. The right to claim cannot be passed on from the owner who erected the fence to another owner who buys the house.

The land next door is vacant but they have started building on it. How much of the building must be constructed before I can make a claim for half the cost of the fence.

Under s 13 of The Dividing Fences Act, you can make a claim when a substantial building has been completed. This should not be confused with a building that is substantially completed. It is only once the building is complete that you may make a claim under s 13 of the Act

My neighbour has claimed from me half the cost of the dividing fence he erected. I am the second owner of the property and feel that he should have got his money from the previous owner. Am I liable to pay the money claimed?

Yes. An owner of the adjoining land is liable to pay even if they were not the owner of the land when the fence was constructed, provided that no previous adjoining owner has paid a claim to the owner who erected the fence.

When buying property your real estate agent is the best source to obtain information on any matters pertaining to boundary fences or running disputes.

This information was gleaned from Dividing Fences > > Rights & Responsibilities, published by Department of Housing & Works September 2003. Visit www.dhw.wa.gov.au or your local authority for more information.