This is one of the most common questions neighbours have when a fence needs repair or replacement. The starting point under South Australian law is straightforward, but a number of situations can shift the usual outcome.
The default position
A dividing fence is generally treated as a shared asset of both adjoining owners under the Fences Act 1975 (SA), regardless of who actually paid for it originally. The Act’s starting position is that both neighbouring owners contribute to a sufficient dividing fence, which is why the formal notice process exists — it gives your neighbour the opportunity to be part of the decision, not just the bill.
When the default position can shift
A number of situations commonly change what “fair” contribution looks like:
- One owner wants a fence built to a higher standard than is strictly necessary — in that case, the extra cost typically falls on the owner who wants it.
- The benefit of the fence clearly favours one property more than the other.
- Urgent repairs are needed after storm or accident damage, which can change the usual process and timing.
Why the notice process matters for cost-sharing
Giving proper written notice before work proceeds is not just a formality — it is what creates your neighbour’s opportunity to agree, propose an alternative, or object. Skipping this step is one of the most common reasons a straightforward cost-sharing situation turns into a dispute.
Frequently asked questions
What if my neighbour refuses to pay their share?
If informal discussion does not resolve it, the formal notice process under the Fences Act creates a documented pathway, and unresolved disputes can ultimately go to the Magistrates Court of South Australia.
Does it matter whose land the fence is actually built on?
A fence built on the boundary line is generally treated as jointly owned regardless of who built or paid for it, which is different from a fence built entirely on one owner’s own land.
See our page on Fencing & Encroachment Disputes for the full notice process, or contact WPI Lawyers to discuss your situation.