Fences: The great neighbourly divide

When you need a fence, what do you do? If you think the first thing you need to do is compare materials and styles, think again. The most important things you need to know about fencing are the fencing regulations in your area and what your rights and responsibilities are. Knowing these can prevent disputes with your neighbours and smooth the way towards installing a fence everyone can live with.

Dividing fences

Dividing fences are fences installed on the border between two properties. Although invisible, the line between your property and your neighbour’s is very real and can be a bone of contention between you. Regulations are in place throughout Australia to help keep things civilised when one party decides it’s time to erect a dividing fence. They vary slightly, but in general:

• The boundary line must be established by a qualified surveyor and agreed upon by both property owners.
• Both property owners must share in the cost of installing a boundary fence.
• Both parties must agree on the height and style of the fence.
• The fence cannot have a negative environmental impact on either property.

Although you share the cost of the fence equally, if you want to install an inexpensive fence and your neighbour insists on a more elaborate one, it may be their responsibility to pay the difference in price.

Fencing disputes

In an ideal world, we would discuss our fencing plans with our neighbours and quietly resolve any differences of opinion over a cup of coffee. Unfortunately, disputes do arise. Sometimes, neighbours will refuse to even discuss sharing the cost of a dividing fence. To keep disputes from getting out of hand, take a step-by-step approach:

1. Talk to your neighbours first, if you can.
2. If you can’t speak to them in person, give them a written Fencing Notice.
3. If that fails, you can apply for a Fencing Order.
4. As a last resort you and your neighbour may have to resolve your dispute in court.

In order to successfully resolve a fencing dispute, you will need to know exactly where a dividing fence is going to be located and be willing to compromise on materials and costs.

Pool fences

Every year, too many children drown in backyard pools. In an effort to reduce and hopefully eliminate all pool drowning, pool fencing regulations are continually being revised. Some of the basic regulations include:

• The fence must be high enough that a child cannot scale it.
• There mustn’t be openings a child can squeeze through.
• A child must be unable to find footholds to scale the fence.
• The fence gate must be self-closing and latching.
• A child must be unable to open the gate from outside the pool area.

After your pool fencing is installed, it must be inspected by and registered with your local authorities.

Check with your local council before you choose your fencing materials. Once you are aware of your rights and responsibilities, notify your neighbours. Finally, you will need to get council approval for your fence. Do everything by the book and you stand the best chance of having a sturdy fence and good relations with your neighbours.