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A Fencing Notice is the first step in the legal process to resolve a dividing fence dispute. A Fencing Notice is a formal written notice about the plan to build, fix or replace a fence and a request to contribute to the costs. Visit the LawAccess NSW website for information about Fencin​g Notices launch.
Boundary fences are a legal matter in every state. These boundaries are governed by state legislation and local planning laws. In NSW, the height of a boundary fence can be as high as 1.8 metres above ground. If it is higher than this, you must apply for legal help.
Boundary Fence Rules NSW ing to the act, a dividing fence is a fence separating the land of adjoining owners whether or not it is on the common boundary.
This might surprise you, but you dont have to have fencing theres no law that says you do. Youre only legally obliged to put up fencing under certain conditions. The most common are if you live next to a railway, if you need to prevent livestock from leaving their fields and if your deeds require you to.
The general rule is that any repairs to a fence should be split 50/50. However, where the fence has been damaged because one of you was careless or reckless, then the person responsible for the damage usually incurs the cost of repairing it.
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A Fencing Notice is a formal document that outlines a proposal to repair, replace, or build a new fence. Your neighbour has 30 days to respond from the day they receive the Fencing Notice. Its a good idea to send it to them by registered post (External link) so there is proof that they have received it.
(1) An adjoining owner may give notice in writing to the other adjoining owner of his or her intention to have the common boundary line defined by a registered surveyor if the owners do not agree on the position of the common boundary line for the purposes of carrying out fencing work.
I am writing to advise that I propose to erect a dividing fence on the boundary line between our properties at (your property address) and (the adjoining property address). The fence I wish to erect is a (description of the fence including type, length, height, material and colour).

fencing notice pdf