Neighbour fence dispute in NSW: who pays, and how to keep it civil

Fences cause more neighbour disputes than almost anything except noise. One neighbour wants a new fence and the other does not want to pay. A tree damages it. Someone builds it in the wrong place. It is a small thing that can sour years of living side by side.

This guide explains how dividing fences work in NSW and how to communicate so the disagreement stays about the fence. Other states have their own fencing laws, with broadly similar ideas. If you live in the US, fence rules come from state and local law; our guide to neighbour fence disputes in the US is written for you. It is general information, not legal advice.

Who pays for a dividing fence in NSW

In NSW, as in many places, neighbours are generally expected to share the cost of a sufficient dividing fence equally. The details vary between states and local areas, so check the rules where you live. There are exceptions:

• If one owner wants a better fence than is needed, they usually pay the extra.
• If one owner damages the fence, they usually pay to fix it.
• Some public owners, such as councils and schools, do not share costs.
• Pool fencing has its own rules.

Tenants are not responsible for dividing fences; the owners are. Legal Aid NSW’s fencing FAQs set out the detail.

Start with a conversation, then put it in writing

Most fence issues are settled with a friendly chat. Go prepared: two quotes, a photo of the problem, and a clear suggestion. Then follow up in writing straight away:

A written follow-up turns a friendly chat into something you can both refer back to.

If you can’t agree: the fencing notice

If talking does not work, you can serve a fencing notice on your neighbour. This is a written notice that usually sets out:

• where the fence should go (usually on the boundary);
• what type of fence or work you propose;
• the estimated cost and how you propose to share it.

If you still cannot agree once the notice period has passed, either of you can apply to the NSW Civil and Administrative Tribunal (NCAT) or the Local Court for a fencing order. Building first and asking for a contribution later can backfire: you may not be able to recover it. Legal Aid NSW or a lawyer can tell you what applies to you. In the US, the steps depend on your state and local rules; see our US guide.

Free mediation

Community Justice Centres offer free, confidential mediation for neighbour disputes in NSW, including fences, trees and noise. Call 1800 990 777. Mediation is quicker and cheaper than a tribunal, and it usually leaves the relationship in better shape.

Keeping the messages civil

• Stick to the fence. Do not bring in the dog, the parking or last Christmas.
• Use email or text, not notes in letterboxes, so there is a dated record.
• Reply to the practical point only if they send something hostile. See our examples in how to respond to an angry text or email.
• Keep copies of quotes, notices, photos and every message. Our guide to keeping a record explains how.

When a neighbour won’t stop

Sometimes a fence dispute turns into a stream of abusive texts or emails. You still need to hear about quotes, access for the builder and the date work starts. Give your neighbour a FenceChat address or number for fence matters, and you get the practical details without the abuse, with every message kept on record if it ends up in mediation or at NCAT.

FenceChat gives you a separate email address and, on the Protected and Legal plans, a separate mobile number to give the other person instead of your own. Their messages are filtered before they reach you: the practical information comes through and hostile language is filtered out. The untouched original is kept in your Archive, timestamped, in case you ever need it. They do not need an app or an account, and you never have to share your real number or address.