What if we agree?

If you and your neighbour have come to an agreement about the type of dividing fence you want to build, where the fence should go, and who should pay for what, you can put the details into a written agreement.

Putting an agreement in writing helps to clearly set out what each neighbour is agreeing to. Having a written agreement is also helpful if you need to enforce the agreement.​ 

​What to include in a writ​​​ten ​agre​​ement

The sorts of things you should include in your written agreement are:

• where the fence will go, for example the common boundary line, the same line as the old fence or some other location
  
• how high and how long the fence will be
  
• what type of fence will be built, for example the colour, material and style
• when it should be built
• who will carry out the fencing work (for example, the name of the fencing contractor that will be used)
• who should pay for what
• how and when payment should be made.

The agreement should state the name and address of each neighbour and confirm that they own the property they are making the agreement about. Do not forget to sign and date the agreement, and make sure you and your neighbour both have a copy of it.

For an example of what an agreement could look like, see Sample agreement.

If your neighbour agreed to pay you

If you organised and paid for fencing work, and your neighbour didn’t pay you as agreed, you can make a claim in the Local Court for the amount owed.  

You can make an application to the Local Court within six years of your neighbour breaking the agreement. To make a claim you must complete a form called a Statement of Claim and pay a filing fee. A Statement of Claim sets out that someone owes you a debt. 

For more information, see  Going to court in My Money topic.

If your neighbour agreed to organise and complete the fencing work

If your neighbour agreed that they would organise or complete fencing work and they have failed to do so, you should get legal advice. Your options will depend on whether you made the agreement with your neighbour after a Fencing Notice was served by either you or your neighbour. 

If you reached agreement with your neighbour after one of you served a Fencing Notice:

• If the fencing work it has not been organised or completed by your neighbour in the time agreed, it may be possible for you to go ahead and complete the fencing work that you agreed to.
  
• If no time for finishing the work was agreed, you may be able to complete the work if it is more than three months since the agreement was made. Remember to get legal advice before starting any work.
  
• Once you have completed the fencing work, you can make a claim in the Local Court for the amount owed to you.   
  

You should make sure that you keep copies of all your quotes and receipts so you can prove how much you spent on the fencing work.

If your neighbour organises fencing work, and you fail to pay them as agreed, they can make a claim in the Local Court for the amount owed. If your neighbour does this you will be served with (given) a document called a Statement of Claim. For more information about responding to a Statement of Claim, see Responding to a claim in My Money topic.

Your neighbour must make the claim within six years of the agreement being broken. If you receive a Statement of Claim, you should get legal advice.

If the agreement between you and your neighbour specified how much each of you would pay, a claim can be made for that amount.

If your agreement did not specify how much each of you would pay, a claim can usually be made for half the cost of the fencing work carried out.

If you organised the fencing work, you should make sure that you keep copies of all your quotes and receipts so you can prove how much you spent on the fencing.

If you carry out fencing work, make sure that you do what was agreed to. If there are any problems or defects with the fencing work, or you fail to do something you agreed on, you may be responsible.