NSW fence already in disrepair. who pays for new fence?

[ROBBIE12]

I bought my house 3 years ago. Side picket fence with my neighbour was then completely broken down. Neiughbour had lived there about 5 years already. They now want me to pay for new fence. The fence is on my land (by a few cm's).

What I understand is that under normal situations the Dividing Fences Act indicates that a boundary fence is the property of both neighbours and costs are shared 50/50. It does not matter on whose property the fence is.

However, can I assume that in my situation as neighbour had allowed it to fall into this disrepair that they have responsibility for damage and so I do not need to pay costs?

 

[Tim W]

However, can I assume that in my situation as neighbour had allowed it to fall into this disrepair that they have responsibility for damage and so I do not need to pay costs?

No, you cannot make that assumption.

 

[barrysmith]

Can I claim some contribution from neighbour to the condition of dilapidated fence, say they pay 75% cost?

 

[Tim W]

What you cannot do is get it done and then
turn up at their front door out of nowhere
and insist that they pay half a bill
that they have had no part in until then.
You'll be lucky to get more then 50% in any event

 

[Atticus]

Go through the proper formal process which includes a quote for a fence, possibly a survey as the fence is on your land.. May be made more complex if there are encroachments as a result of the fence not being on the correct legal boundary.

Generally, the share is 50% each of the cost of a 'standard' fence. If one party wants a more expensive fence than standard, the extra cost should be borne by them