What to do If Your Neighbour Damages Your Fence Victoria 2022

What to do If Your Neighbour Damages Your Fence

Fences are one of the most common causes of disputes between neighbours. Usually, your fence is the only shared part of your property’s infrastructure, so it makes it easy for conflict to arise. Fences are hardy and durable structures, but damage can happen – and this is when things may get complicated between your neighbour and yourself.

Ah, neighbours. They can be your best friends, or they can be so horrible that they make you want to pack up and move cities. Neighbourly disputes are an unfortunate and all-too-common consequence of homeownership, and they can be very stressful affairs. Knowing your rights and the actions you should take when dealing with neighbourly conflict allows you to make level-headed decisions and get the best outcome for yourself.

Which fence is damaged?

If it’s your front fence, then your neighbour is 100% responsible for all damages and must pay for the repair or replacement of the fence in full. If your neighbour damages your front fence, this is exactly the same as any person damaging any part of your property – it is either intentional or reckless damage of property. If the perpetrator does not immediately offer to fix it, it needs to be referred to the police.

If it is a boundary fence between your properties that has been damaged, this is where you may need to take a more nuanced approach. As a shared piece of property, you may have to prove that your neighbour is the one at fault, or you will also be liable for 50% of the cost of replacing the fence.

What sort of damage can happen to a boundary fence at the fault of your neighbour?

There are two types of damages: instant and imperceptible. An example of instant damage would be, say, your neighbour crashing into the fence with their car or damaging it with a power tool. An example of imperceptible or gradual deterioration would be your neighbour’s clothesline putting too much weight on the fence and causing the structure to slowly collapse. Instant damage is much easier to prove your neighbour is at fault. Otherwise, it can be trickier to determine the root source for the fence’s decline.

Proving that your neighbour is at fault

It’s worth mentioning that if the fence damage is minor in nature, it may not be worth going through the following procedure. For boundary fencing, the cost is usually split 50/50 between your neighbour and yourself. If the damage is minor, it may be worth just splitting equally with your neighbour. Sharing the cost of fencing repairs or replacement may be an important way to maintain good relations between the two parties. However, that decision is entirely up to you. If the damage is significant, it may be worth trying to get your neighbour to take responsibility for the expense.

If you and your neighbour are at loggerheads arguing over who is responsible for the damaged fence, it’s probably worth getting a professional to come and have a look. Jim’s Fencing Melbourne  has decades of experience repairing and installing fences – a fencing professional will be able to diagnose the issue with your fence and suggest a solution.

Serving a notice to fence

If your neighbour doesn’t agree to pay for the cost of replacing or repairing the fence, the next step is to send them a notice to fence. This is a formal document that should outline:

• The damage to the fence;
• The cause of the damage;
• The repairs needed; and
• One or two quotes for the job of repairing or replacing the fence.

Legally, your neighbour is allowed to go and seek out his own quotes and compare the costs. Because of that, you should get an obligation-free quote, so you don’t get stuck with unnecessary fees or stress during this period.

What steps to take next

If your neighbour doesn’t agree to your quote (or provide his own that you sign off on) and commence repairing the fence, it’s time to start chasing them up. You can take the matter to court at this point if you wish – however, that is likely to be a slow and costly process and it will probably sever the agreeable relationship between your neighbour and yourself. Mediation is a great way to avoid court and still achieve a fair resolution.

How to avoid fencing disputes with your neighbour

The best way to avoid all of these messy negotiations with your neighbour is to prevent damage to the fence itself! When moving into a property or building your boundary fence, take some time to chat with your neighbour and take care to preserve the structural integrity of your fence. This should include agreeing to not lean any heavy objects on the fence, and not to hang anything like a clothesline or plants off it either. When installing a new fence, consult with your neighbour and choose a quality fence that has been professionally installed to ensure that it will be strong, durable and resistant to damage.

Want advice about boundary fencing installations or repairs? Do you want some other options like Pool Fenceand colorbond fencing .Speak to the friendly experts at Jim’s Fencing on 13 15 46.

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