Where should the fence go?
A dividing fence will usually go on the common boundary line between two neighbouring properties. Sometimes, this will not be possible because:
- a fence cannot be built on the boundary line (for example, because a river runs through the boundary)
- it is not clear where the boundary line is.
If a fence cannot be built on the boundary line because of the nature of the land, it will usually be built as close as possible to the boundary. You should come to an agreement with your neighbour about where the fence will go and then put this agreement in writing.
For more information on making an agreement, see
Talk to your neighbour.
If you and your neighbour cannot agree where the boundary line is, either of you can serve the other with a notice saying you intend to have a registered surveyor define the common boundary (a Boundary Notice). If you serve a Boundary Notice, you and your neighbour will usually have to share the costs of employing a surveyor equally. However, if your neighbour pegs where they think the boundary line is, and a registered surveyor confirms this to be correct, your neighbour will be entitled to recover any costs they have incurred from you.
For more information on defining a common boundary, see
Boundaries.
Before you carry out any type of excavation work to prepare the land for landscaping, building a dividing fence or retaining wall, you (or your contractor) must lodge an enquiry with Dial Before You Dig to check if there are any underground assets such as electricity cables or gas pipes. Lodging an enquiry with Dial Before You Dig is free. For more information and a guide for home owners, go to the Dial Before You Dig website.
For answers to commonly asked questions, see
Frequently Asked Questions.