Fencing and Maintenance Agreement
This Fencing and Maintenance Agreement provides for two neighbouring parties to erect and maintain a fence on boundary line between their properties.
5.0 (3 reviews)
Last updated December 20, 2024
Under 10 minutes
Suitable for Australia
Written by
Edwin Montoya Zorrilla
Reviewed by
Damin Murdock
Document Overview
This Fencing and Maintenance Agreement provides for two neighbouring parties to erect and maintain a fence on boundary line between their properties.
There is no general obligation on a landowner to build or keep in good repair fencing around the landowner’s land either against or for the benefit of a neighbour, or the public at common law unless there is a specific duty arising from agreement, prescription or implied grant.
Legislative requirements
However, throughout Australia, certain laws have created obligations related to fences in particular instances, such as by requiring adjoining owners to contribute to the cost of erecting a dividing fence or repairing an existing one. See the following state legislation:
- Dividing Fences Act 1991 (NSW);
- Fences Act 1968 (Vic);
- Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld);
- Dividing Fences Act 1961 (WA);
- Fences Act 1975 (SA);
- Boundary Fences Act 1908 (Tas);
- Fences Act 1972 (NT); and
- Common Boundaries Act 1981 (ACT).
The Legal Risk Score of a Fencing and Maintenance Agreement Template
Our legal team have marked this document as low risk considering:
- There is a risk associated with the responsibility for maintenance costs being solely on one party, as this could lead to financial disparities and disagreements over the extent and cost of necessary maintenance.
- The permission for one party to enter the other party's property for fence inspection or maintenance might lead to potential privacy concerns or disputes regarding the appropriateness of entry times and notice given.
- The requirement for one party to pay a specified percentage of any maintenance costs incurred by the other could result in unexpected financial obligations if maintenance costs are higher than anticipated or not clearly substantiated.
Fencing and Maintenance Agreement Checklist
Complete your free Fencing and Maintenance Agreement with our checklist
Verify Execution Dates
Ensure that both parties have signed and dated the agreement to confirm its validity and enforceability.
Schedule Maintenance Inspections
Set up a regular schedule for fence inspections and maintenance to ensure compliance with the maintenance obligations stipulated in the agreement.
Document Expenses
Maintain clear and detailed records of all maintenance expenses incurred to ensure transparency and ease of reimbursement as per the agreement terms.
Notify Before Entry
Always provide prior notice before entering the other party's property for any inspection or maintenance work, as required by the agreement, to maintain good relations and respect privacy.
Other names for the Fencing and Maintenance Agreement include:
- Boundary Agreement
- Neighbour Agreement
- Fence Agreement
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