A plain-English guide to the Fences Act 1968 — sharing the cost of a boundary fence with your neighbour.
If the fence between you and your neighbour is falling down, the good news is you usually don't have to foot the whole bill. In Victoria, the Fences Act 1968 sets out how neighbours share the cost of a dividing fence (the fence on a common boundary). Here's how it works in practice.
Adjoining owners are generally each liable for half the cost of a "sufficient dividing fence" — a fence that's reasonable for how the properties are used. If you want something fancier than "sufficient", you typically pay the difference.
| Situation | Who usually pays |
|---|---|
| A standard, sufficient dividing fence | Split 50/50 between the two owners |
| One owner wants a higher-spec fence | That owner pays the extra above "sufficient" |
| Damage caused by one owner (or their tree, vehicle, etc.) | The owner who caused the damage |
| Fence next to council land / a road reserve | Different rules may apply — check with council |
Most fence projects are sorted with a friendly conversation. Agree on the type of fence, roughly when, and a 50/50 split. Getting a clear estimate up front makes this conversation much easier.
If you want it formal (or your neighbour is hard to pin down), the Act lets you serve a Fencing Notice — a written notice proposing the fencing works: the type of fence, the estimated cost, and how you propose to share it. This officially starts the process. If you can't agree within 30 days, either owner can apply to the Magistrates' Court.
Try the free Dispute Settlement Centre of Victoria (DSCV) for mediation first — it resolves most fence disagreements without lawyers. If that doesn't work, either owner can apply to the Magistrates' Court of Victoria, which can make orders about the fence and the cost split.
You can't split a cost you don't know yet. The simplest way to start the conversation is to get an accurate estimate for the fence line — then you and your neighbour each know exactly what a fair 50/50 share looks like.
Draw your boundary on the map and get an accurate estimate in about 2 minutes — handy to show your neighbour when you propose splitting the cost. The formal price is confirmed at a free on-site measure.
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