It’s a common problem that divides Brimbank neighbours both figuratively and literally.
But the state government is hoping to change all that with its new fencing laws, which came into effect last week.
Attorney-General Robert Clark said the new laws would make it easier for neighbours to discuss building, rebuilding or repairing a boundary fence.
The new laws set out clear rules and procedures on a wide range of common fencing issues, including:
• Rules for carrying out and paying for urgent fencing works;
• Criteria that determines what sort of fence would be considered “sufficient’ based on factors such as any existing fence, the type of fence usual in the neighbourhood and the purposes for which neighbours are using their land;
• Authorising councils to provide the name and address of an absentee owner so a neighbour can serve a fencing notice; and
• Clear rules to answer questions such as which side of the fence the rails and framing should be.
The new laws also reinforce the rule that neighbours split the costs of a fence, except when one neighbour wants a more expensive one. In that case, the owner wanting the more expensive fence must pay the extra cost.
Owners will have to seek agreement from their neighbours before building a fence, even if they intend to pay it all themselves.
The Dispute Settlement Centre of Victoria, which mediates in fence disputes, fielded 6489 calls relating to fencing matters in the 2013-14 financial year.
“These changes are the first in almost 50 years,” Mr Clark said.
“They will provide clarity for property owners in what has been an often uncertain and complicated area of law.
“Fencing has typically been the number one issue for [disputes]. The new laws will help reduce the number.”
For more information on the new fencing laws, go to www.disputes.vic.gov.au
