Who pays for a boundary fence?

The Fencing Act 1978 makes occupiers of adjoining land equally responsible for the cost of building and repairing an adequate fence between them. Adequate is the load-bearing word: a fence reasonable in the circumstances, doing the job a fence does there, which in a suburb might be standard timber paling and on a farm might be post and wire. The Act entitles you to half the cost of adequate. It does not entitle you to half the cost of whatever you would prefer. The Act works between occupiers of the adjoining properties, so in a rental situation the conversation usually runs through the landlord rather than the tenant.

Most fences get built on a conversation and a shared quote, and a short written note of what was agreed saves grief later. When agreement fails, the Act provides a formal route: serve a fencing notice describing the proposed fence, the materials, the cost and how it will be shared. The neighbour has 21 days to object or propose something different. If they do not respond, the notice is treated as agreed, and you can build and recover their share. Skipping the notice and building first is the classic mistake, because it forfeits the right to demand a contribution.

Several situations move the line. If one party or their tree damages the fence, they bear that cost. If you want a higher, fancier fence than adequate, the difference between adequate and fancy is yours alone. And on newer subdivisions, check the title before quoting the Act at a developer: fencing covenants commonly exempt the developer from contributing toward boundary fences for a period, and the covenant wins. Boundary position disputes are a separate problem again, settled by a surveyor rather than the Fencing Act.

Fencing disputes go to the Disputes Tribunal, which can decide what is adequate, who pays what, and timing. Bring the paper: the notice, any cross-notice, quotes and photographs. Before it gets that far, a second quote and a genuine compromise on materials resolve most standoffs cheaper than a hearing does. The fence will outlast the argument either way, so it is worth keeping the relationship intact while you settle the cost of it.