Fencing and Maintenance AgreementThis Fencing and Maintenance Agreement provides for two neighbouring parties to erect and maintain a fence on boundary line between their properties.
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.
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).
Other names for the Fencing and Maintenance Agreement include:
- Boundary Agreement
- Neighbour Agreement
- Fence Agreement