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

 

[Roche1n]

Jumping in on this older post because the land‑boundary point caught my eye. Even if the fence sits a few centimetres inside your lot, NSW law usually still treats it as a dividing fence if it serves both properties. The key question is whether it was already a sufficient fence when you both bought in. Did you ever get a survey done, or has either side given a formal fencing notice yet?

 

[Avemalle]

I had a smooth experience getting Wood fence installation ND through them, mostly because their crew handled everything from planning to the post-install check without any fuss. The flexible pricing helped me stick to my budget, and the free yearly maintenance has been handy in our rough winters. If you’re aiming for something durable without surprise costs, they make the whole process pretty stress-free.