Urgent fencing work

Whether or not fencing work is urgent will depend on the specific situation that you and your neighbour are in. Fencing work may be urgent if:

• ​it is needed to fix or replace part or all of a damaged or destroyed fence and
• it is not practical to serve your neighbour with a Fencing Notice

For example, urgent fencing work may be needed to:

• prevent stock loss (but is unlikely to be required to prevent a dog from leaving the yard, as a dog may be kept inside the house or in the yard by a temporary fence) or
• where safety or security is an issue.

If you want to do fencing work and share the costs with your neighbour, you will usually need to serve (give) a Fencing Notice setting out the work you would like to do. If urgent fencing work is necessary, it is possible to do the work without notifying your neighbour and still claim half the costs. However, it must have been impractical to serve your neighbour with a Fencing Notice, for example, because you need to act very quickly to secure your land.

If you have paid for urgent fencing work you should contact your neighbour as soon as possible and discuss how the fencing costs will be shared.

If you and your neighbour reach an agreement you should put your agreement in writing. Without a written agreement it may be difficult to prove an agreement about who pays what. For more information, see What if we agree?

If you and your neighbour cannot reach an agreement you can arrange mediation. At mediation, you can each discuss your concerns and try to reach an agreement. For more information, see What if we can’t agree? 

If you still can’t agree, you can apply to either the Local Court or the NSW Civil and Administrative Tribunal (NCAT), for an order that your neighbour pay you half the cost. You must make your application within six years of the urgent fencing work being completed. Before making your application, you should get legal advice.  For more information, see Fencing Orders. 

If the Local Court or the NSW Civil and Administrative Tribunal (NCAT) does not agree that the fencing work was urgent, your neighbour might not have to pay you half the costs. It is a good idea to try and talk to your neighbour first!

If your neighbour has done fencing work that they say was urgent and you disagree, it is possible to make an application to the Local Court or the NSW Civil and Administrative Tribunal (NCAT) to challenge the claim for costs. 

You must make an application within one month of the fencing work being completed. The Local Court or NCAT may allow you to make an application out of time, however it is best to file your application as soon as possible. Before making an application, you should get legal advice.  For more information, see Fencing Orders.