Boundary fences are an essential part of properties, serving as a means to define boundaries, provide privacy, and enhance security. However, when it comes to building or repairing a shared fence between neighbouring properties, the question arises: who is responsible for the costs? In Victoria, Australia, specific laws and guidelines govern the issue of fence ownership and cost-sharing.
In this blog, we will explore the rules surrounding fence responsibilities in Victoria.
The Fences Act 1968
In Victoria, the primary legislation governing fence ownership and costs is the Fences Act 1968. This Act establishes guidelines and procedures for building, repairing, and maintaining fences between neighbouring properties. It aims to ensure fairness and clarity in determining who should bear the costs associated with boundary fences.
Shared Boundary Principle
According to the Fences Act, the default principle for cost sharing is known as the “shared boundary principle.” Under this principle, both neighbouring property owners share the responsibility for the construction, repair, and maintenance of a fence on a shared boundary. The cost is usually divided equally between the two parties, regardless of the size or value of the properties involved.
Agreement between Neighbours
In many cases, neighbouring property owners can reach a mutual agreement regarding fence construction or repairs. They may discuss and negotiate the cost-sharing arrangement, taking into account factors such as the type of fence, materials used, and aesthetic preferences. It is advisable to have any agreements in writing to avoid potential disputes in the future.
Notice Requirements
Before erecting or repairing a shared fence, the Fences Act stipulates that a property owner must provide written notice to their neighbour detailing their proposal. The notice should include specifics about the proposed fence, such as the type of fence, materials, and estimated costs. The neighbour then has 30 days to respond to the notice.
Dispute Resolution
In cases where neighbours cannot agree on fence-related matters, the Fences Act provides provisions for dispute resolution. Either party can apply to the Magistrates’ Court or the Victorian Civil and Administrative Tribunal (VCAT) for a determination on the fence issue. These bodies can consider factors such as the necessity of the fence, the parties’ financial situations, and any relevant local council regulations.
Exceptions and Special Circumstances
While the shared boundary principle is the general rule, there are exceptions and special circumstances where one party may bear a greater share of the costs or be solely responsible for the fence. These circumstances may include situations where one neighbour wishes to erect a fence of a higher standard or more expensive materials than what is considered reasonable or necessary.
In Victoria, Australia, the Fences Act 1968 governs the responsibility and cost-sharing for boundary fences between neighbouring properties. The shared boundary principle is the default rule, with both parties typically sharing the costs equally. However, it is important for neighbours to communicate, negotiate, and reach mutual agreements when it comes to fence construction, repairs, or upgrades. If disputes arise, seeking resolution through the appropriate legal channels is recommended. Understanding your rights and responsibilities regarding fence ownership in Victoria can help maintain positive relationships with your neighbours and ensure a fair and reasonable outcome for all parties involved.
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