It’s important to talk to your neighbour about building, fixing or replacing a fence. This may help you to resolve your issue quickly and easily, and maintain a good relationship with your neighbour.
If you want to build, fix or replace a dividing fence, you will need to talk to the owner of the property. If the person who owns the property also lives there, you could approach them directly or write to them.
If the person that owns the property does not live there ((for example, it is vacant or they rent it out), you will need to find your neighbour so that you can talk to them about your fencing issue.
Here are some steps you can take to find out who owns the property and where they are:
If your neighbour's property is rented out, you could try asking the tenant or managing agent of the property for the owner's contact details. You could also ask the tenant or the agent to pass on a letter to the owner asking them to contact you.
A title search is a search to find out who owns a property. There are two steps you need to follow:
- You need the title reference for the property. You can find this by doing a street address inquiry through NSW Land Registry Services. Enter your neighbour's address in the street address inquiry and you will be told the title reference for their property.
- Once you have the title reference, you can do a title search. You can do an online title search through one of the approved information brokers. They do not have a standard fee. You can also do a title search over the counter at NSW Land Registry Services' Queens Square Sydney office for $17.60 (as at 1 July 2024). The title search will list the names of the owner or owners of the property.
Once you know the name of the owner or owners, you need to find out their contact details. You can look up the name of the owner in the phonebook.
The Whitepages is available online. Not everybody is listed in the phonebook. Some people may not have a landline in their name and some people ask for their numbers to be kept "silent" (confidential).
Your local council will generally have the address and contact details of the owner of the property neighbouring yours. The council may agree to give you this information. You can:
Make an informal application for access to information:
You can make an informal application to your local council for the details of the owner of the neighbouring property. An informal application is usually free, although you may have to pay for photocopying costs.
Informal applications may be made in writing, online, or in some cases, by telephone. You can contact your local council for details about how to make an informal application.
When you make an informal application, the council may contact the owner and ask them if they approve having the information released.
Fill out an 'Access Application' form:
If your local council will not provide the details of the owner of the neighbouring property informally, you can make an Access Application. An Access Application is a formal application to the council for information.
Copies of the Access Application form are available at your local council.
You can write a letter providing further information about why you need to contact your neighbour and attach it to the form. If you cannot get a copy of the form you can just apply by letter. In your letter you should:
- state that you are making an Access Application under the Government Information (Public Access) Act 2009
- include your return postal address
- state that you are seeking a contribution to the costs of building, fixing or replacing a dividing fence from the owner of the neighbouring property
- state whether or not you have a lawyer
- ask for the name and address of the owner of the property neighbouring your property.
You will need to pay the application fee of $30.00 (as at July 2024) when you make your Access Application.
The council will consider your application and decide whether to provide you with the information that you have requested. For more information about Access Applications, go to the Information and Privacy Commission NSW website.
If the council refuses your application, you should get legal advice. There are a number of options for requesting a review, but each request must be made within certain time limits.
If you have taken the steps listed above and you still cannot find your neighbour, you may need to make an application to the Local Court or the NSW Civil and Administrative Tribunal (NCAT) for a Fencing Order without giving notice to your neighbour (in their absence). For more information, see Fencing Orders.
When you talk to your neighbour you may be able to come to a compromise or reach an agreement about the fencing work you want done. It is important to be polite and listen to what your neighbour has to say. This will help you to maintain a good relationship with your neighbour.
Meet face to face
If you have a good relationship with your neighbour, you could try knocking on their door or talk to them about your fencing issue.
Try to talk to them at a time that is convenient to both of you, for example on the weekend, not when they are running out the door on their way to work.
Talk on the phone
If you are uncomfortable meeting your neighbour face to face or they do not live next door, you could try talking to them over the telephone.
Send a letter, e-mail or text
If you find it difficult talking to your neighbour directly or you want to keep a written record of the attempts you have made to resolve the issue, you can send a letter, e-mail or text.
Keep your letter, e-mail or text short and explain what you are asking for in a clear and simple way. If you have quotes, you could attach copies of the quotes.
If you reach an agreement, you should put your agreement in writing. For more information, see What if we agree?
It is important to talk to your neighbour if you have a problem with a dividing fence. You may find this difficult or you might not know where to start. Here are some tips that can help you get the best result when you need to discuss fencing work with your neighbour:
Be polite and respectful
Even if you have had troubles with your neighbour before, you should try and speak to them calmly and politely. Do not shout or let yourself get angry. Be patient and give them time to consider what you are asking for.
Focus on the fencing issue
Do not bring up other problems that may have happened in the past. Try and stay focussed on the fencing issue.
Listen to your neighbour
When discussing the issue with your neighbour, it is important that you listen to them. Understanding their point of view may help you reach a solution that suits both of you.
Get quotes
It can be helpful to get quotes for the fencing work you would like to do and show these to your neighbour. If you and your neighbour have different ideas for what material should be used for the fence or its design, you could get quotes for both ideas and then discuss them. There is no minimum number of quotes you should get, but it may be helpful to have at least two so you can talk about your options.
Consider a compromise
It is much quicker (and may be cheaper) to come to an early agreement with your neighbour than to go through the process of getting an order from the NSW Civil and Administrative Tribunal (NCAT) or the Local Court.
Think about whether you could compromise on the type of fence that will be built, or its height or location. If you want a fence that is more expensive than the type your neighbour wants, you could offer to pay the additional cost of the more expensive fence.
For more information, see Negotiation topic on the Representing Myself section of this website.
Try mediation
Sometimes talking to your neighbour directly may not be the best option, particularly if you do not have a good relationship with them. You should always keep your safety in mind. You can try mediation which involves the help of a third person to try and settle the dispute. For more information about Mediation, see What if we can’t agree?
Take notes
Keeping a record of your attempts to resolve your fencing issue may be important if you later decide to go to the NSW Civil and Administrative Tribunal (NCAT) or the Local Court for a Fencing Order.
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Get Legal Advice
If there is an Apprehended Violence Order (AVO) between you and your neighbour, you should get legal advice before talking to your neighbour.
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