Dividing Fences
A dividing fence is a ‘sufficient fence’ that divides two properties. It usually lies on the common boundary of adjoining pieces of land, though it can lie mainly or completely in one property. A dividing fence is legally the joint property of both property owners, which means anything that one owner does to it affects the other and may require cost-sharing. Dividing fences are governed by the Dividing Fences Act 1961, not the local government. The Magistrates Court deals with disputes by the owners of adjoining lands for the construction and repair of a dividing fence.
A ‘sufficient fence’ is a fence prescribed by a local law of the relevant local government, or a fence agreed upon by adjoining owners provided that it complies with the relevant local law. The Shire of Irwin Local Laws Relating to Fencing stipulates the minimum specifications for a sufficient fence.
Further information can be found at the Department of Energy, Mines, Industry Regulation and Safety.
