The Fences Act in Victoria states that the owners of houses on adjoining properties are jointly responsible for the cost of repairing/replacing their boundary fence.
Try to reach an agreement with your neighbour again – raise your concerns, why the fence replacement is needed and try to clarify cost, perhaps get a couple of quotes to run by them and if you’d really like to get the more expensive one, you could offer to pay extra. Hopefully that will resolve things in a friendly manner.
However, if you still can’t resolve the matter, there is a formal process in the Fences Act that you can go down.
The first step is to serve your neighbour with a
Notice to Fence. This is a formal written notice asking your neighbour to share the cost of the fence.
Make sure it specifies the boundary to be fenced, the type of fence that you propose (so the length, height, materials and colours) and the cost breakdown that each of you would share. Its best practice that you include two quotes and let your neighbour know which quote you propose to accept. If your neighbour agreed, then you would go forward in line with what was detailed in the Notice.
However, if you still can’t agree one month from the date you served the Notice, you can ask the Magistrates Court to decide the dispute by completing the
Complaint (fencing dispute) Form 5A.
Before, or at the same time as, going down the formal legal route, consider contacting the
Dispute Settlement Centre of Victoria for a free and confidential mediation service. They may be able to help facilitate an agreement between you and your neighbour in a manner that will preserve an amicable relationship between you. If your neighbour doesn’t attend the mediation, the mediation fails or breaches the agreement, your only alternative is to take your matter to the Magistrates Court.
It would be wise to get legal advice before taking things to court.