Nothing is more frustrating than glancing out your window and realising your neighbour has begun fencing works on the boundary line, without ever speaking to you about it. Whilst this can feel confrontational, Victorian law provides clear rules about what neighbours can and cannot do when it comes to fencing. Under the Fences Act 1968 (Vic) (the Act), your neighbour cannot simply start works without following strict notice and agreement requirements.
In Victoria, if your neighbour has started fencing works without your agreement, they are required to follow specific legal procedures under the Act. Firstly, you can argue that the neighbour did not provide a fencing notice as required under s13 of the Act. This notice must include specific information such as the type of fencing works, the estimated cost, and the proportion of the cost each owner is required to contribute.
There is a requirement for you to respond within 30 days of a notice. If you do not respond within 30 days, or your neighbour has made reasonable inquiries and you are unable to be located, the neighbour may proceed with the fencing works (s19 of Fences Act), but they must still comply with the requirements of the Act. If you have responded to the fencing notice but did not agree to the proposed works, your neighbour cannot proceed without your agreement. In such cases, either party may seek an order from the Magistrates’ Court to resolve the dispute (s17 of the Act). The court can make orders regarding the line on which the fencing works are to be carried out, the nature of the works, and the contributions required from each party.
Therefore, your neighbour is required to stop fencing works if they have not obtained your approval or followed the proper legal procedures as outlined in the Act, such as receiving an order from the Court. If an owner of land carries out fencing works without this, you may file a complaint in the Magistrates’ Court seeking an order to stop the works (s12 of the Act). Specifically, you should highlight that your neighbour did not follow the required procedures, such as giving a fencing notice and seeking your agreement or obtaining an order from the Magistrates’ Court. Additionally, you can argue that the neighbour did not make reasonable inquiries to locate you or obtain your agreement, as required under s14 and s19 of the Act.
Additionally, if urgent fencing works are required (e.g., due to damage from a falling tree or fire), your neighbour must still provide an urgent fencing notice. If there is no agreement within 30 days, either party can seek an order from the Magistrates’ Court (s25 of the Act).
You should inform your neighbour that they must comply with these legal obligations and that any fencing works carried out without proper notice or agreement may be subject to legal challenge. If necessary, you can seek assistance from the Dispute Settlement Centre of Victoria to resolve any disputes about the proposed fencing works.
If you have a fencing issue, please get in touch with Warlows Legal today.
