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Fencing law in South Australia: A practical guide for neighbours 

Are you and your neighbour fighting over a fence? You are not alone. Boundary fences are one of the most common neighbour disputes in South Australia.

Whether you are hoping to replace an old fence, build a new one or fix a damaged one, the Fences Act 1975 (SA) sets out the legal process that must be followed. 

Before taking legal action, try talking to your neighbour first. A calm, simple chat could help solve the problem, avoid the stress and help keep your relationship with your neighbour positive. If you cannot reach an agreement, we have provided clear answers to common fence questions to help you understand the next steps involved. 

Do I need my neighbour’s consent to build, replace or remove a boundary fence? 

Yes, in almost all cases. 

If you intend to remove or alter an existing fence, or build a new one, you need your neighbour’s permission. If they do not consent, you will need to go to court for permission. 

Emergency repairs to a damaged fence may be made without your neighbour's permission in some cases, such as where animals may be injured or escape without urgent work. 

Who pays for the fence? 

Costs are usually shared 50/50 but you can agree to a different arrangement. 

Your neighbour does not have to pay anything towards the fencing work unless: 

• they have agreed, or
• the proper procedure has been followed, or 
• a court orders payment. 

Where should the fence be built? 

A dividing fence should be located on the legal boundary. If there is a dispute about where fences should go, a survey can be done to show the precise location of the boundary.

If you both want the survey, you can agree to share the cost. If not, the person who arranges the survey will have to pay for it. 

What do I do if my neighbour won’t respond or refuses to agree? 

If you cannot agree, try mediation first. Mediation is a structured, voluntary process where you and your neighbour agree to sit down in the same room with a mediator to resolve a dispute. The mediator is a neutral third party, who helps you discuss the problem in a helpful way to find an agreement. 

If this does not work or your neighbour will not take part, you will need to follow the Fences Act notice procedure. It is the only legal method if you want to build, repair or replace a boundary or fence and you want your neighbour to contribute to the cost, but they don’t agree. The next question explains the process simply. 

What is the Fences Act notice procedure if my neighbour will not agree? 

The Fences Act notice procedure involves filling in a form (called a notice) with details of the work you propose and legally delivering it to your neighbour for response. A legal delivery means it must be handed to the owner personally or sent through registered post. If there is more than one owner, you must put all their names on the notice.
Your neighbour has 30 days to respond. 

Who owns the fence and who is responsible if it gets damaged?  

A boundary fence should be regarded as a joint asset, even if one neighbour did not pay anything for it. 
When a fence is damaged, who is responsible for repairs will depend on the situation. 

• If a neighbour damages the fence (for example, by driving into it), they must pay for repairs. If they refuse to pay, you can arrange for the work to be done using the Fences Act procedure.
• If the fence is damaged by natural events (storms, fallen trees), costs are usually shared.
• If someone removes the fence without consent, they will be responsible for replacing the fence and may need to cover any costs of the affected neighbour.

To learn more, our Fences and the Law booklet is available to download (2.1MB) here: Fences and the law. You can also collect hard copies for you and your neighbour from one of our offices or order via our website. 

Getting simple legal information and advice early on can avoid problems down the track. Call our Legal Helpline on 1300 366 424 for free and confidential advice about your situation.