Agreement in writing
If you and your neighbour agree on the fencing work you would like done, you should put your agreement in writing. Putting an agreement in writing helps to clearly set out what each neighbour is agreeing to. Having a written agreement is also helpful if you need to enforce the agreement.
What to include in a written agreement
The sorts of things you should include in your written agreement are:
- where the fence will go, for example the common boundary line, the same line as the old fence or some other location
- how high the fence will be
- how long the fence will be
- what type of fence will be built, for example the colour, material and style
- when it should be built
- who will carry out the fencing work (for example, the name of the fencing contractor that will be used)
- who should pay for what
- how and when payment should be made.
For an example of what an agreement could look like, see
The agreement should state the name and address of each neighbour and confirm that they own the property they are making the agreement about. Do not forget to sign and date the agreement, and make sure you and your neighbour both have a copy of it.
You should make sure the fence you agree to complies with any local council rules or regulations. If your agreement breaks a local council rule or regulation it may not be enforceable, unless you have council approval.
Enforcing an agreement
If you have a written agreement and your neighbour does not do what they agreed to within the time stated in the agreement, you may be able to enforce the agreement in the Local Court.
If a time has not been stated in the agreement, you and your neighbour have three months from the date of the agreement to comply.
For more information, see
Enforcing an agreement.
For answers to commonly asked questions, see Frequently Asked Questions.