Definitions

• Under the guidelines of the Dividing Fences Act of 1991 and the Dividing Fences Act of 1953, a dividing fence is a fence that separates the land between two adjoining property owners. Both neighbors have the responsibility of maintaining the dividing fence unless one neighbor is willing to cover all costs.
  
  

Disagreements

• Neighbors should always discuss the building of a dividing fence prior to construction. Conversations should include where the fence should be built, how high it should be and what materials should be used. If no agreement can be reached, the Small Claims Tribunal (New South Wales) or Magistrates Court (Queensland) will determine the details of the dividing fence construction.
  
  

Maintenance

• Property owners who have agreed to share a dividing fence have the legal right to enter each other's land for the purposes of maintaining the condition of the fence under the guidelines of both acts. Fences should be sufficient enough to prevent livestock, such as cattle and sheep, from entering a neighbor's property.