I am about to build and do not like the fence my neighbour just erected and I do not want to pay them anything. Can I do this?
Written by Jessica Tait
Updated at January 17th, 2021
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No, if the fence that is erected is a sufficient fence; is acceptable to the local government; and is in keeping with other fences in the immediate area, the adjoining landowner who erected it has a legal right under the Act to claim half payment of a sufficient fence when you complete your building. My neighbour built their house first and erected a fence that I did not like. I wanted a green colorbond and they erected a wooden one. I have since built my house and erected a fence on my land. My neighbour has now given me a bill for the fence they erected. Do I have to pay? Yes, the original fence is the dividing fence and you would be required to pay half the cost of it and also bear responsibility for a half share of the ongoing maintenance costs of the dividing fence. The cost for the erection and ongoing maintenance of the second fence would be yours entirely.