If you don't want a fence on the boundary of your property, are you obliged to have one?  The answer is Yes.

The question of fences is, surprisingly, such an important one that it warrants its own legislation — the Dividing Fences Act (NSW).

Some blocks of land may have their own positive building covenants which require the erection of quite specific fencing.  This might occur in a new estate where the developer is trying to achieve a consistent look to the overall design.

Most commonly, a covenant in relation to fencing will be one put on by the developer, stating that the owner can't ask the developer to contribute to the cost.

The general rule with dividing fences is that the neighbours split the cost 50/50.  If both neighbours can agree on the location, style and cost, then they can simply proceed.  It is, however, desirable to record the agreement in writing.  This can be done by writing on the invoice something like, 'I agree to the construction of this fence and will meet half the cost of it.

If your neighbour does not agree to the fence, you need to obtain a quotation and send them a Dividing Fences notice.  They have the option to respond, but if they don't, you may go ahead and organise for the fence construction and your neighbour will have to meet their share of the cost.

If there is a genuine dispute, you may try to settle it through a Community Justice Centre or, failing that, take the matter to the Local Court.

Most disputes over fences are about the style of fence.  One homeowner may want a brush box fence while the other may prefer a less expensive paling fence.  If such a dispute goes to Court, the Court will look at the standard style of fencing for the area.

The most common mistake made over fences is where one homeowner goes ahead and gets work done without consulting their neighbour, and then serves them the notice to pay, believing that their neighbour has an overwhelming obligation to pay. The answer is: Always talk to your neighbour first and try to get agreement.

And remember, if neither of you wants a dividing fence between your properties, then you don't have to have one!