Cannot agree?
If you and your neighbour cannot agree about fencing work, the law says you have to follow a set process. Either you or your neighbour can serve (formally give) a Fencing Notice. If you still cannot reach agreement after a month has passed, you or your neighbour can apply to the Local Court or the NSW Civil and Administrative Tribunal (NCAT) for Fencing Orders.
You could also try mediation, either before a Fencing Notice is served, or after.
If you and your neighbour cannot agree about fencing work because you disagree about where the common boundary between your properties is, either of you can serve a Boundary Notice.
Mediation
Sometimes you and your neighbour may not be able to agree about fencing work. If you have tried talking to your neighbour and you cannot agree, it is time to get some help. Community Justice Centres (CJCs) offer free mediation services that can help you talk to your neighbour and work out a solution.
For more information, see
Mediation.
Fencing Notices
A Fencing Notice is the first step in the legal process to ask for an order for fencing work to be done.
If you want to serve your neighbour with a Fencing Notice there is certain information you must include in the notice.
If you receive a Fencing Notice from your neighbour you will need to think about how you are going to respond.
For more information, see
Fencing Notices.
Boundary Notices
Sometimes when a dividing fence needs to be built, repaired, or replaced, there is also a dispute about where the boundary is between two properties.
If you and your neighbour want to do fencing work, but cannot agree on where the common boundary line between your properties is, either of you can:
- serve a 'Boundary Notice' on the other (if the disagreement relates to proposed fencing work)
- apply to the Registrar General for a Determination of Title Boundary (for any type of boundary dispute).
For more information, see Boundaries.
For answers to commonly asked questions, see Frequently Asked Questions.