Shared fences between neighbours

In most cases, the guidelines are fairly clear on the upkeep of fences and property owners should make sure they are up to date on what is required of them in relation to property boundaries and common fences between neighbours. It's in the interests of all parties to know the laws in regard to fencing issues.

Responsibilities and fence upkeep

As maintenance goes, some fences on your property will be solely your responsibility, like your front fence and your pool or garden fences, but there are other instances where the proper maintenance of the fence will be shared equally between neighbours. Maintaining the fence becomes a shared effort when:

• The fence is the dividing barrier between the two properties
• Both parties benefit from having the dividing fence

The erection costs and maintenance costs of a shared boundary fence, as well as any repairs or maintenance to the fence, must be undertaken by both neighbours. In the event that one neighbour has a good reason to replace an existing fence and the other neighbour doesn't want to, an order may be put in place requiring the fence to be replaced. The neighbour who wants the replacement will then be required to get quotes on some different types of fences, present them to the other and hopefully come to an agreement.

The removal of the old fence and erection of the new one would be a shared expense between both neighbours.

Looking after your fence

The fence fronting your property that separates your yard from the street is the first thing your visitors see so it makes good sense to erect a fence that looks good and is in keeping with the style of your home. It's also in your best interests to check it for signs of wear and to keep up with any maintenance issues that may arise. This fence is solely your responsibility and any costs or labour incurred are yours.

When it's necessary to erect a fence between two properties you need to consult with your neighbour about the type of fence that will adequately service both your needs. Dividing fences usually cover issues like privacy and child/pet containment but you both need to agree on the style of the fence as well as the initial cost of installing it. This can sometimes be a problem if both parties have very different ideas on fence styles so have a few options on hand.

It is often a good idea to choose a cost effective, durable fence that requires little or no maintenance seeing as both parties will be responsible for the general upkeep. The exception to the rule of a shared fence is if you wish to stain/repaint or in any way alter the look of the fence on your side. As long as it doesn't interfere with the overall appearance or damage the fence, go right ahead, but any costs incurred will be yours, not your neighbours.