Laws regarding boundaries and fences

At common law, the general rule is that landowners are not obliged to construct or maintain boundary fences, even when their land meets with a public road. The law has a grey area though and despite the general rule there are some instances where the landowner is required to erect some sort of boundary around the property.

Boundaries and fencing law: Exceptions

As with any law, there are exceptions and in relation to fences and boundaries these exceptions come into effect when:

• Fencing is required to satisfy the duty of care of a property owner to visitors to the property
• Where an artificial structure exists on the property
• Where an excavation on the property adjoins a road and could cause public nuisance if not fenced
• To contain livestock or domestic pets

Fences fronting streets, while not mandatory, would need to be considered to contain the owner's pets from wandering, to provide security for any children residing on the property and to act as a barrier to stray animals.

The Dividing Fences Act

The Dividing Fences Act 1951 operates as a code for regulating the obligations between neighbouring property owners and the fences that separate their lands. While it outlines the circumstances for one owner to obtain a contribution for a dividing fence from another, it does not control aspects such as materials, height or condition unless a contribution is sought. These aspects usually fall under the regulations of the local councils.

An owner must notify his neighbour of the desire to erect a dividing fence and advise his neighbour of the type of fence, the materials to be used and the costs involved in erecting the fence. The local land board or local court determines the matter if neither party can agree. Both landowners are liable for maintaining the fence and for any repairs that may need to be done.

Boundaries and fences: Final information

For more information on Australian laws regarding boundaries and fences visit Lawlink NSW. This site has a very good breakdown of historical laws as well as explaining the current laws on erecting boundaries and fences on your property.