Fencing Dispute - What are my rights?

[gilboium]

I'm seeking advise as to my rights and best way forwards regarding a fencing dispute. I purchased land in NSW in approximately May 2020 and have since owned that land until now, but still have not started building as of yet. At the time of purchasing the land my neighbour had already built a fence between our land. I believe the fence would have been built some time in late 2019, so approximately less than a year ago. The fence appears to meet the requirements of the covenant from the developer. The only things stated in that contract from the developer relate to the nature of the fence (which they met the minimum requirements for), not anything to do with payment or disputes.

At the beginning of December 2020 my neighbour corresponded with me asking me to pay half of the costs for the fence between our properties, including paying for non-retaining sleepers. Additionally, the night before I received correspondence from my neighbour, the fence was damaged by winds, requiring a portion of it to be propped up and further requiring repair (they did not make me aware of this in their correspondence. I was informed of this by someone else). They informed me that I will need to pay for half of this repair bill, with their half being covered by their insurance. As I have not begun building yet I don't believe I have any insurances currently. They also informed me that the fence is not covered under warranty.

I am uncomfortable about having to pay for half of a fence that has survived for less than 1.5 years, as well as needing to pay for repairs for said fence, especially considering I never agreed to the construction of the the fence (and hence could not have commented on it's quality) and have not even started building.

I would greatly appreciate it if you could inform me of my rights in this situation, what payments I am liable for (half of the initial fence, half of the non retaining sleepers and/or half of the current repairs), whether I do have insurance for something like this based on my land purchase and what my next steps would be with regards to correspondence with my neighbour. Currently, all I have done is found out information from my neighbour but haven't agreed to anything as yet.

 

[Docupedia]

In general terms:
1. You are not liable for fencing work already conducted unless it is urgent (meaning amongst other things it was not reasonable to get the other owner’s agreement before carrying out the works).
2. Despite 1, you will have to live next to this neighbour and it doesn’t make a good first impression to refuse to contribute. Consider what course of action will cost you more in the long run. Temper that with the realisation that you would have had to contribute if the fence was to be built, and factor in what you would have rea done differently. Then discuss it with your neighbour.
3. You are likely liable for the cost of fence repair, so long as the appropriate notice is given. As long as the existing fence is sufficient and doesn’t exceed the scope of reasonably sufficient (e.g. you’re not expected to cover the cost of fixing the gold plating) then the cost should be shared. In this realise that even though you didn’t agree to the original fence because you weren’t around, you are deriving some benefit from it.
4. Non retaining sleepers? No idea as there is not enough information. If they were retaining they wouldn‘t be part of the fence.
5. Insurance. Odds are if you haven’t started construction and you don’t know if you have insurance then you likely don’t have any coverage. If you do have a builder lined up, check with them. If you do have some coverage on the land, such as public liability, check that too (but it’s unlikely to include cover). Even if you do have insurance coverage, compare the cost of the repairs against the excess payment and what it will possibly do to your premiums.