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Key points
- The Dividing Fences Act 1961 defines a "sufficient fence" as one which must resist the trespass of cattle or sheep, or as determined by a magistrate. We have moved on a little since then, but the premise is that the fence must be sufficient.
- The Act makes no mention of walls, but some councils have Local Laws which overlay the Act and clearly define if gates and walls are included in their definitions.
- Crown Land is exempted from the DFA 1961. Therefore, where the adjoining land parcel is a road, laneway, park, or footpath for example, the neighbouring land owner must pay 100% of the fencing maintenance and replacement costs.
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A quick reference guide
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