When a boundary fence needs replacing, the question of who pays can strain neighbourly relations. WA's Dividing Fences Act sets out the rules, and knowing them makes the conversation easier.
The Basic Principle
Under the Dividing Fences Act, adjoining owners generally share the cost of a "sufficient" dividing fence equally. What counts as sufficient depends on the type of properties and local standards.
Getting It Right
- Give your neighbour written notice of the proposed work and cost before starting
- Agree on the fence type — if one party wants something more expensive, they usually pay the difference
- Keep quotes and correspondence in case of a dispute
If You Can't Agree
If neighbours can't reach agreement, the matter can go to the Magistrates Court, which can order contributions. Most disputes are avoided simply by getting a couple of quotes and notifying the neighbour early.
Boundary Position
If there's doubt about where the boundary actually sits, a licensed surveyor can confirm it before the fence goes up — cheaper than moving it later.
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