One of the most common causes of disagreements between neighbours, is the sharing of boundaries.

Differences of opinion can arise over the location of boundaries, upkeep of fencing, retaining walls, encroachment of trees and bushes into a neighbours’ garden.

In each State or Territory, there is specific legislation relating to dividing fences and there are some specific differences, between the different jurisdictions, so it is advisable to check the Act for your location.

• Who is responsible for retaining walls?

Maintenance of retaining walls is the responsibility of the owner. In a strata scheme, the responsibility is with the owners’ corporation.

• What about strata managed buildings?

Generally properties that share perimeter fencing with other properties, must share the costs associated with the upkeep of the fence.

If you have a dispute with a neighbour, over the cost of replacing a wall or a fence, you can go to court if you can’t resolve the matter by yourselves.

In some areas, a neighbor can seek compensation in court, if their property has been damaged by a falling branch or tree, from their neighbour’s property.

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