Fences between houses
If you are a property owner, you and your neighbour have equal responsibility for the dividing fence between your properties.
If the fence needs to be repaired or replaced there are rules about:
- who pays
- the type of fence to be built
- the notices that you need to give one another
- how to resolve disputes.
Discuss the work that needs to be done with your neighbour first. If you can make decisions together and agree to share any expenses, get this agreement in writing.
Legally you are required to contribute to a fence that is sufficient for the purpose it is needed. If your neighbour wants a more expensive fence, they will usually have to pay the difference in cost between a sufficient dividing fence and the higher standard.
For more information about your responsibilities see the Dispute Settlement of Victoria’s .
What you can do if you can't agree
If you and your neighbour can’t agree, you can contact the Dispute Settlement Centre of for advice and a range of free and confidential dispute resolution services.
You can also serve your neighbour a Fencing . This is a legal document in writing asking them to share the cost to repair or replace a fence.
If you still can’t agree after 30 days from the date you served your neighbour with a Fencing notice, you can go the Magistrates' Court so a magistrate can make a decision. You need to complete the court’s Complaint (fencing dispute) Form . Get legal advice before you decide to take the matter to court.
If you rent the property
In most cases the owners of the properties are responsible for repairing or replacing a fence. A renter may have to contribute in commercial situations where they have a lease that has five years or more before it expires.
The rental provider may ask the renter to pay for damage to a fence if they caused the damage.
Overhanging branches
Property owners are responsible for branches that overhang a neighbour’s fence or roots that grow onto neighbouring property. If these cause damage or affect the neighbour’s enjoyment of their property, the neighbour can take the property owner to court. If branches from your neighbour’s trees hang over your side of the fence, you can cut off the overhanging branches and place them on the neighbour's side of the fence. Discuss this with your neighbour first – they may be happy to do it themselves. If this is not practical, you can ask the neighbour to get a professional to lop the branches for you.
The same rules apply for tree roots, which can cause damage to plumbing and foundations. Expert opinions from plumbers or engineers are often needed to resolve disputes about what is causing the damage. Once you know what is causing it, and if it is something coming from the neighbour's land, a simple discussion may resolve things.
Go to our publication, Neighbours, the law and you for more information on tree laws.
You can also go to Trees in on the The Dispute Settlement Centre of Victoria website.
What you can do
The Dispute Settlement Centre of can help you if you and your neighbour can’t agree.
If the matter still can’t be resolved, the Magistrates' Court can hear the case, but this can be expensive and take a long time.
Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.
We help Victorians with their legal problems and represent those who need it most. Find legal answers, chat with us online, or call us. You can speak to us in English or ask for an interpreter. You can also find more legal information at www.legalaid.vic.gov.au
Reviewed 07 March 2024