Dividing Fences

A dividing fence is a ‘sufficient fence’ that separates the land of different owners, whether on the common boundary of adjoining lands or in a line other than the common boundary.

The Dividing Fences Act 1961 is an act relating to the construction and repair of dividing fences between certain lands and for incidental and other purposes.

Process for Resolving a Dividing Fence Matter

This process is intended to help you understand the Dividing Fences Act 1961 (the Act) and outlines processes for neighbours to agree on the fence that divides their properties, to determine boundaries and to share the cost of construction and maintenance. The Act also enables the courts to deal with disputes that may arise over dividing fences.

Any agreement, contract or covenant relating to dividing fences between owners of adjoining land overrides the provisions of the Act and in most cases a dispute between neighbours will be dealt with by the Magistrates Court. Therefore, when issues with a dividing fence occur it is best to try to approach the owner of the adjoining land, discuss issues, and try to resolve matters together.

If fencing disputes arise between adjoining properties and the matters cannot be resolved, you may find the Citizens Advice Bureau useful in obtaining legal advice on a broad range of issues including dividing fences. http://www.cabwa.com.au/

Additional information regarding the regulation of dividing fences can be obtained from the Department of Energy, Mines, Industry Regulation and Safety.

Dividing fence matters – overview | Department of Energy, Mines, Industry Regulation and Safety (commerce.wa.gov.au)