Fencing disagreements between neighbours are more common than many people realise. In Perth, where suburban developments and shared boundaries are the norm, disputes can arise over fence location, cost, height, or appearance. This guide explains how to handle a fence boundary dispute respectfully and lawfully while protecting your rights as a property owner.
Understand the Legal Boundary
Before addressing any dispute, it’s important to confirm where your legal property boundary lies. You can obtain a title or boundary plan from Landgate.
If you need a formal survey, it may require the services of a licensed surveyor.
Review WA Fencing Law
Western Australia’s Dividing Fences Act outlines the responsibilities of neighbours regarding fence construction, maintenance, and cost-sharing. The law encourages mutual agreement and outlines how disputes should be resolved.
Try to Reach an Agreement
Start by discussing your concerns calmly with your neighbour. If possible, put any agreement in writing, including shared costs, timelines, and materials.
Professional fencing companies like Fencing Fabrication Perth can offer neutral, practical advice on suitable fencing options.
Provide Written Notice if Needed
If you cannot reach a verbal agreement, the law allows you to serve a written notice outlining your proposed fencing work. This gives your neighbour a chance to respond formally.
Include fence type, estimated costs, and a proposed timeline. Templates for fencing notices can be found on government websites.
Consider Mediation or Legal Action
If the neighbour still disputes your plans or refuses to cooperate, you may seek mediation through a community justice centre or escalate to the Magistrates Court if necessary.
Legal processes can be time-consuming and expensive, so try all cooperative options first.
Need a Neutral Fencing Expert in Perth?
When disputes arise, working with an experienced, impartial fencing contractor can help ease tension and ensure professional results. Fencing Fabrication offers reliable service and transparent quotes for boundary fences, including Colorbond fencing and custom fencing solutions.
FAQs – Fence Boundary Disputes in Perth
What if my neighbour refuses to share fencing costs?
If you’ve provided written notice and followed WA fencing laws, you may be able to recover costs through court. However, try mediation first.
Can I build a fence without my neighbour’s consent?
Only if it’s entirely on your property and meets council regulations. For shared boundaries, mutual agreement is required by law.
Who decides where the boundary line is?
Official boundary lines are set by Landgate. If uncertain, hire a licensed surveyor for verification.
What kind of fence can I legally build on a boundary?
Most residential fences should comply with local council height and material rules. Colorbond and blade fencing are commonly accepted solutions.
What if my neighbour damages our shared fence?
Both parties are responsible for maintaining a dividing fence. If one party causes damage, they may be liable for repairs.
Need help resolving a fence boundary issue in Perth? Contact Fencing Fabrication today for expert advice and professional fencing solutions you can trust.
