The idea of sharing fencing costs with your neighbour might seem straightforward. After all, a fresh new fence benefits both homes, so it makes sense to split the bill. However, the legal and practical considerations can be more complex than they appear.
This article aims to simplify these complexities. Helping you understand when your neighbour should share the fencing cost, and if they’re obligated to do so. We’ll explore scenarios where your neighbour is and isn’t required to split the fencing expenses.
You’ll also get tips on how to ask your neighbour to go halves on the bill without causing conflict.
Let’s begin!
When Your Neighbour SHOULD Pay Half The Fencing Bill
Generally speaking, your neighbour pays half the cost when it’s fair to do so.
Here are the 3 most common scenarios where your neighbour should split the fencing invoice:
1. Neighbourly Mutual Agreement
If you and your neighbour talk it over and discuss the type of fence you want, the materials, and all that other important fencing stuff – It usually means both will pay their fair share. That’s because there’s a clear desire and interest for a new fence from both neighbours.
This is especially true if both sign a written agreement.
It wouldn’t be fair for both neighbours to want it, but only 1 pays the full bill.
Consulting with your neighbour is an easy way to determine if they should pay.
2. Shared Benefit
If a new fence benefits both neighbours by increasing privacy, security, and property value, it makes sense for both to share the cost.
And a new fence DOES help both neighbours In most cases.
As long as nothing else says they don’t have to, your neighbour will split the bill for a new fence if it benefits them.
3. “Fences Act 1975” Procedure Is Followed
When you want a new fence, we recommend following the Fences Act 1975. This law helps to make sure everything is fair and clear for both neighbours.
You need to serve a notice of intention to your neighbour.
Which simply lets them know you want a new fence installed.
(Notices can be delivered in person or through the post office)
If your neighbour doesn’t object to this notice within 30 days, the Fences Act 1975 usually means they have to pay their half. Some people might pretend they didn’t get a notice to avoid paying their share.
To protect yourself from this dishonest behaviour, be sure to get proof that you’ve sent a notice.
Tip: Send your notice through AusPost to keep a verifiable record.
When Your Neighbour SHOULD NOT Split The Bill
While it’s important to know when your neighbour is obligated to pay half the bill. It’s equally important to understand when they don’t have to pay a dime.
Below we’ll go over 3 situations when your neighbour doesn’t need to split the fencing bill with you:
1. You Don’t Discuss It With Your Neighbour
If you don’t bother to let your neighbour know of your plans for a new fence…
Or you don’t ask about their fencing preferences…
Or you just go ahead without notifying them…
They don’t need to pay a single cent towards the cost.
Even if the new fence objectively benefits your neighbour. You can’t expect them to pay for something they don’t want or know about. For this reason, we recommend talking to your neighbour before going ahead with a new fence.
2. You Choose an Expensive Fencing Solution
Of course, neighbours won’t always agree on the details of a fence.
Deciding on a fence that’s more expensive than necessary, or pricier than what your neighbour can afford, means they might not have to pay anything. Or if they do, it won’t be anywhere near half the bill.
They’d pay somewhere around just 30% or 40% of the bill, while you pay the rest.
3. Neighbour Objects To The New Fence Entirely
At the end of the day, whether or not your neighbour pays half the fencing bill comes down to 1 question:
Does your neighbour even want a new fence for their property?
If not, and they clearly express this, they don’t have to pay anything at all. Especially if they object to your notice within 30 days, as stated in the Fences Act 1975. If you’re the only one who wants the fence, you’ll need to cover the cost in full.
Yes, I know it’s a pain. And you might feel cheated by your neighbour.
You might even consider taking legal action, FORCING them to pay their half.
But there’s nothing you can do if they don’t want a new fence installed.
How To Ask Your Neighbour To Split The Fencing Cost
There’s a right way and a wrong way to propose a split bill to your neighbour.
Going about it the wrong way could lead to needless conflicts, arguments, and a lack of cooperation. I’ll give you some tips on how to do it the right way, so you can avoid all that drama.
Because nobody likes drama. Especially not with their neighbours.
Here are some tips:
- Clearly express your interest in getting a new fence to border both properties.
- Listen to your neighbours’ concerns about the proposed idea, and then address them respectfully.
- Be willing to adjust the plan according to your neighbours’ preferences. Be flexible.
- Don’t be rude about it (obviously)
- Agree with your neighbour on the fence BEFORE proposing a split bill.
As soon as you bring up the idea for a new fence, your neighbour will likely assume you want to split the cost. They’ll usually only discuss fence preferences if they’re ok with paying half. Otherwise, they’ll end the conversation pretty quickly.
“But what if they disagree and don’t want a new fence?”
You can’t do much other than try to convince them further or go ahead with the job without them paying half. But don’t hate your neighbour because of it. They might not have the money for it right now or don’t see getting a new fence as a priority.
Don’t bring in legal entities to “persuade” your neighbour unless you want an awkward and spiteful relationship with them.
Hire Local Adelaide Fencing Contractors
To wrap things up, understanding the ins and outs of splitting fencing costs with your neighbour is key for making a fair deal. With the tips provided in this article, you can approach the situation with full confidence as you know what to do.
Got a specific fencing project in mind?
Give us a call for a free price estimate and online quote.
>> Request a free online quote from Calabria Fencing Adelaide <<