Fencing is an area that can cause major issues, because if is something that both neighbours need to agree on. The Fencing Act 1978 sets out your rights and responsibilities of fences between properties. Unfortunately, the 28 page act is full of legal terms, and who has time to read it and attempt to understand it? To help you out, here are some fencing law basics to help you out when fencing your rural property.
Who pays for the fence?
Both you and your neighbour are expected to contribute to the cost of the fence. However, if you are the one that wants to put it up, you need to keep in mind that your neighbour only needs to pay half of what is “adequate”. So, if you want to put up a fancy fence with all the bells and whistles, but a basic one will do, then they will only have to pay for that. Likewise, if you want to upgrade your fence, but the current one is “adequate” you’ll need to foot the bill for the upgrade.
What do I do when my neighbour won’t pay for the fence?
If after a neighbourly chat, you can’t both agree on who should pay what, you can serve your neighbour a “fencing notice”. This should specify:
- The fence’s boundary line
- The work to be carried out, including the type of fence, materials to be used and the estimated cost
- The proposed split of costs
- The start date for the work
There is a template fencing notice in the Fencing Act 1978 that you can use.
I’ve received a fencing notice but I’m unsure what my rights are when objecting. What can I object to?
You can object to a fencing notice if you believe:
- The current fence is “adequate”
- The proposal is excessive (either in cost, or in the type of fence being requested)
- If you do not own the property
How can I object to a fencing notice?
If your neighbour has served you with a fencing notice and you do not agree with any part of it, you have 21 days to respond. If you do not respond within this time, your silence will be taken as agreement.
To respond, you can serve your neighbour with a cross notice. This notice should include:
- Your objection and the reasons for it
- Any counter-proposals
There is a template cross-notice in the Fencing Act 1978 that you can use.
What fences are considered to be “adequate”?
When trying to decide on what sort of fence to erect, the Fencing Act 1978 suggests adequate fences for urban and rural settings. Suggested fences for rural settings include:
- A 7 or 8 wire fence
- A 9 or 10 wire fence
- A prefabricated (netting) fence
- A live fence
You can choose to go above and beyond the fences suggested by the Fencing Act, and erect a different fence, but both parties will need to agree on it.
I have pets and/or livestock. If the fence is not adequate to keep them in, am I liable for any damage they do?
Yes. If your dog or livestock gets out of your fence, and wanders onto the road, or onto another property and causes damage because you did not ensure your fencing was adequate, you could be footing the bill.
Cats are the only real exception, as they are allowed to trespass on other properties, and owners are not generally responsible for any damage they do.
