Dividing Fences
A dividing fence is a fence that separates the land of two different property owners. It can be on the common boundary or a different agreed line, but it does not include a retaining wall.
If you need to repair, maintain, or install a new dividing fence, it is recommended that you negotiate with your neighbour. The Dividing Fences Guide', from DMIRS - Department of Building and Energy, provides useful advice on this process.
Reaching an Agreement
It is best to put any agreements in writing to avoid misunderstandings. A written agreement can help if a dispute arises and the matter needs mediation or legal action.
Here are some steps to help reach an agreement with your neighbour:
- Sharing guidance on the Dividing Fences Act 1961
- Explain your reason for the new fence, such as safety for a pool.
- Understand their concerns, especially about protecting their property and pets during construction.
- Discuss payment options, such as allowing more time to pay or setting up a payment plan if needed.
All fencing materials must comply with the City of Kwinana Fencing Local Law.
For more details, refer to the Dividing Fences Guide', from DMIRS - Department of Building and Energy.