Good fences, better outcomes
Fences, trees, boundaries and strata disputes. We help you resolve it with the neighbour still speaking to you, and take it further only when that is genuinely needed.
Most neighbour disputes settle without a tribunal. We will tell you honestly when yours is one of them.
Talk, mediate, then apply
Tribunals expect you to have tried to resolve a neighbour dispute first. Starting at the end is slower, dearer and worse for the relationship.
Talk to your neighbour
A conversation, then a short written record of what was agreed. Many disputes end here, and the record matters if it does not.
Mediation
Free mediation is still available for some disputes, but the routes changed in 2025 and Community Justice Centres no longer take neighbour disputes directly. We can tell you which route is open to yours, and advise before you agree to anything.
Apply to NCAT or a court
Where the matter genuinely cannot be resolved, applications go to NCAT or a court depending on the type of dispute.
The disputes that come up between neighbours
Who pays, what counts as a sufficient fence, and what to do when a neighbour will not contribute.
Overhanging branches, encroaching roots, damage and risk to property.
Where the line actually runs, and what happens when a structure crosses it.
Responsibility for walls that support one property and sit near another.
Ongoing interference with the use and enjoyment of your property.
Rights of way, drainage and access across a neighbouring property.
Disputes inside a strata scheme: noise, by-laws, common property and renovations.
Barking, wandering and other animal-related disputes between neighbours.
Dividing fences in New South Wales
The Dividing Fences Act 1991 sets out how the cost of a dividing fence is shared between neighbours and how disagreements are resolved.
The starting position
Adjoining owners generally share the cost of a sufficient dividing fence equally, though what is sufficient depends on the circumstances of the properties.
If you want something more
An owner who wants a fence better than sufficient usually pays the difference.
Notices
The Act provides for a notice to fencing work. Getting the form and the timing right matters, so check the current requirements before you serve one.
If you cannot agree
Either owner can serve a fencing notice. NCAT states that you can apply at least one month after the notice has been served, and that dividing fences matters are first listed for conciliation and hearing. Applications go to the Local Court or NCAT depending on the matter.
General information, not legal advice. This page sets out how the law generally applies. It does not take account of your circumstances, and you should get advice about your own situation before acting on it. The official sources this page is written from are listed on it; where they differ from anything here, they are the authority.
Dividing fences in New South Wales
Periods and thresholds in the Act change. Nothing on this page is a substitute for checking the current legislation and getting advice about your fence.
General information, not legal advice. This page sets out how the law generally applies. It does not take account of your circumstances, and you should get advice about your own situation before acting on it. The official sources this page is written from are listed on it; where they differ from anything here, they are the authority.
We are not here to escalate it
You still have to live next door to this person. That shapes the advice we give.
- We tell you when you are unlikely to win, and when winning would cost more than it is worth
- We draft correspondence that states your position without burning the relationship
- We prepare you for mediation rather than around it
- We explain what a tribunal can and cannot order before you apply
- We say when a matter is not one we should be involved in at all
Real conversations.
Clear next steps.
Explain where you are now, ask the questions that matter to you, and understand what to prepare next.
Recognition of
Jameson Law.
Recognition received by Jameson Law and its team. Neighbour Dispute Lawyers is a service of Jameson Law. Award years and categories are shown on the original badges.
Read before you raise it
How to raise a fence problem with your neighbour
What to say, what to write down, and what to avoid in the first conversation. Also on this site: what to bring to a first conversation about a fence dispute.
Overhanging branches: what you may and may not do
The difference between self-help and an application, and where self-help stops.
Mediation in a neighbour dispute
Which free routes are still open after the 2025 change, and how to make an agreement that holds.
Common questions
Do I have to pay half the fence?
Adjoining owners generally share the cost of a sufficient dividing fence, but what is sufficient, and what happens if one owner wants something better, depends on the circumstances and on the Dividing Fences Act. Get advice before agreeing to a quote.
Can I cut branches that hang over my side?
There are limits on what you may do yourself, and doing the wrong thing can make you liable for damage to the tree. Some trees are also protected by council rules. Check before you cut.
Can I get free mediation?
It depends on the dispute. For strata, the NSW Government states that Fair Trading’s mediation is free and can be applied for online. For dividing fences, NCAT states that matters are first listed for conciliation and hearing. Community Justice Centres no longer take neighbour disputes directly.
Do I need a survey?
For a genuine boundary dispute, usually yes. A registered surveyor’s identification survey is the evidence that establishes where the line runs.
What if my neighbour will not respond at all?
Silence does not stop the process. There are steps that move a matter forward without cooperation, and we can explain which ones apply to your type of dispute.
Tell us what is happening next door
A few sentences is enough. We will tell you the realistic options, including the ones that do not involve us.