The dividing fence has been damaged by my neighbours. Why should I have to pay for half of it?
Written by Jessica Tait
Updated at January 17th, 2021
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As a general rule, each of the adjoining owners must pay half the cost of repairs unless the adjoining owners agree to an alternative arrangement or the court rules differently. The Act provides for specific situations when one owner who is ‘at fault’ pays the whole cost. These specific situations are where the fence is damaged by fire or by the falling of a tree, or part of it. There must be an element of neglect by the owner at fault in these specific situations. My land survey shows that the dividing fence is out of alignment and my adjoining owner has some of my land.