Did You Know - Fencing Dispute
Published on 15 January 2026
Fencing Information - Overview
The Fences Act 1968 directs the type of fence to be built, who pays for a dividing fence, notification neighbours need to give one another and how to resolve disputes that may arise when discussing fencing matters.
Fencing between two properties is a civil matter between the property owners concerned.
It is recommended that you discuss the shared fencing between your property and your neighbour’s property is you intend to build or replace an existing fence.
You may need a planning and/or a building permit for your fence depending on a few factors such as:
- The height and location of the proposed fence,
- The material of the proposed fence,
- The location of your property.
Your land title may also have covenants or encumbrances that may further restrict or limit your fencing. To obtain an up-to-date copy of a land title, please contact Landata via their website - landata.online or phone #03 9102 0402.
To properly identify the location of your title boundary, you will need to engage a licensed land surveyor. Only a licensed land surveyor can determine the actual location of your property boundaries.
If you are a property owner and need to find out who owns the property you share a fence with, you can request ownership details for fencing purposes through Council; to do so, please email Yarriambiack Shire Council via rates@yarriambiack.vic.gov.au.
Under the Fences Act 1986 and the Fences Amendment Act 2014, Council is liable to pay half the cost of fencing on land joined by a private owner, where the Council side of the land is a Council owned or managed building.
If you are finding that you cannot reach an agreement regarding a fence construction, replacement, or financial contribution, or you are hesitant to approach a fence owner, you can obtain free advice on fencing issued at the Dispute Settlement Centre of Victoria. You can contact the Dispute Settlement Centre of Victoria via their website - disputes.vic.gov.au or phone #1300 372 888.
Disputes over fencing between neighbours is a civil matter and, therefore, Council cannot intervene.