Disagreements between neighbours over dividing fences are a common source for civil disputes in Western Australia. Whether it's about the cost, location, type of fence, or responsibility for repairs, these conflicts can escalate quickly and cause lasting tension.

We regularly assist clients in navigating the legal complexities of dividing fence disputes under the Dividing Fences Act 1961 (WA). We provide clear legal advice, represent clients in negotiations and court proceedings, and help ensure disputes are resolved as efficiently and amicably as possible.

What Is a Dividing Fence Dispute?

A dividing fence is a fence that separates the lands of different owners. Disputes typically arise when neighbours disagree on:

• The need to build or repair a fence
• The type or height of the fence
• The location of the fence relative to the boundary
• The cost and who should pay
• Damage caused to the fence, for example by overhanging branches or tree roots

Your Legal Rights & Obligations

Before proceeding with any fencing work, the law requires that a formal notice be served on the adjoining landowner, outlining:

• The proposed boundary or line for the fence
• The type and construction details of the fence
• Cost-sharing arrangements

If the other party does not respond or disputes the proposal within the time allowed (usually 21 days), either party may apply to the Magistrates Court of Western Australia for a determination.

Common Fence Dispute Scenarios We Handle

• Fence construction disagreements (height, style, material)
• Refusal to contribute to fence repairs or replacement
• Encroachments or incorrectly positioned fences
• Damage from trees or branches affecting fencing or property
• Enforcement of existing fencing agreements
• Court applications under the Dividing Fences Act 1961 (WA)

Alternative Dispute Resolution

Whenever possible, we encourage resolving disputes through negotiation. We can assist in drafting legally binding agreements that clearly outline each party’s obligations, minimising the risk of future disputes.

When Court Involvement Is Necessary

If informal negotiations fail, we are equipped to represent your interests in the Magistrates Court of Western Australia. The Court has the authority to:

• Determine whether a fence is necessary
• Decide the fence's location, design, and cost split
• Order compensation for land loss or non-compliance
• Enforce agreements and cost recovery

Contact us

If you are involved in a dispute regarding a dividing fence or just want to gain an understanding of your rights and entitlements, contact Ben Sasson today for a free initial consultation.