Fencing issues between neighbours can quickly develop into full-scale disputes. So, if your fence needs replacing or repair and you don't want to ruffle any feathers, here’s a guide to planning the project.
First, check your home plan or survey report and make sure the fence is on the correct boundary of your property.
Before beginning the fencing project, approach the neighbours and let them know that you would like to repair/replace the fence on your common boundary. Talk about design and style of the fence and make sure all parties agree.
If the project is going to be a combined effort between you and your neighbour, make sure you agree on how the cost is going to be divided. Generally, the cost share is 50/50 unless both parties agree to a different basis.
Some areas and subdivisions have strict rules and regulations about the colour, style, shape or height of fencing you can erect, so check with local council before deciding on a particular fence type.
Remember the cost of replacing a fence includes construction, reconstruction, maintenance or repair as well as the value of the labour if someone is hired to do the work, so make sure you have budgeted for all these costs.
If you and your neighbour can't agree on the cost of a new fence, then generally your neighbour should pay 50 per cent (half) of the cost of a "basic" fence, or 50 per cent (half) of the actual cost of the fence, whichever is less. You pay the rest. Therefore, if you want a more expensive fence than a ‘basic’ fence, you might be responsible for the extra cost.
Be sure to install the fence according to the boundaries of your property and do not build on common property or council-owned land.
Pay for all building permits necessary to construct the fence. If you don't, you could get a visit from the local council building inspector who can issue fines and penalties for not abiding by the rules.