Fences and
the law
Legal Reference Guide Book
Fences and
the law
2
Fences and the Law
Produced by the Legal Services Commission.
This information is a general guide to the law.
It is not a substitute for legal advice. Contact
the Legal Services Commission, a community
legal centre or a private lawyer for legal advice.
December 2023
© Legal Services Commission SA
Legal Help for all South Australians
1
Contents
Fences and the law 2
Talk to your neighbour rst 2
Do I need my neighbour’s consent? 3
Must we have a fence? 3
What is fencing work? 3
What kind of fence? 4
Where should the fence be? 4
How is the cost of fencing work shared? 5
What if we agree? 5
What if we can’t agree? 5
The Fences Act procedure 6
How do I get my neighbour to pay? 6
Notices 6
Objections and counter-proposals 8
No agreement 9
Taking the case to court 9
Failure to proceed 9
Power of entry 10
Paying for fencing work 10
Other considerations 11
Railings 11
Council approval 11
Brush fencing 11
Land under contract 11
New housing developments 12
Absent or unknown owners 12
Rental properties 12
Dogs 12
Emergency repairs 12
Damage 13
Retaining walls 14
Guide to forms 16
Form 1: Notice of intention to erect a fence 18
Form 2: Notice of intention to perform
replacement, repair or maintenance work 19
Form 3: Cross-notice 20
Fencing work agreement 21
Where to get help 22
Notes 24
2
Talk to your neighbour rst
This booklet answers common questions
about dividing fences and explains the legal
procedure you need to follow when you want
to erect, replace or repair a boundary fence in
South Australia. While the legal procedure is
important, so are good neighbourly relations.
Before starting the formal procedure, talk
to your neighbour because your plans will
affect them. A friendly approach may help you
to reach an agreement quickly and easily and
avoid unnecessary conict.
Fences and the law
Fences should be regarded
as a joint asset between
neighbours. Even if your
neighbour has not paid for
the fence they are still a
joint owner.
3
Do I need my neighbour’s consent?
Fences should be regarded as a joint asset
between neighbours. Even if your neighbour
has not paid for the fence they are still a
joint owner. This is because a fence on the
boundary is legally considered to be part of
the land on each side.
If you intend to remove or alter an existing
fence, you should have your neighbour’s
permission or a court order. If you want to
put up a fence where there has not been one
before, your neighbour has a right to object.
It makes no difference if you intend to pay the
total cost. It is therefore sensible to talk to
your neighbour rst.
Your neighbour does not have to pay anything
towards the fencing work unless:
• they have agreed to, or
• the proper procedure has been followed, or
• a court orders them to.
Getting their consent is the quickest and
easiest way.
If there is a problem in getting your
neighbour’s consent, consider mediation.
Your local community mediation service may
be able to arrange a meeting for you both to
discuss the options with a mediator who can
help you agree. See page 23 for more details.
Must we have a fence?
The law does not usually require a fence
between neighbours; most people simply
agree to have one. However, the courts
generally consider it reasonable to have a
fence and to keep it in good condition.
In particular cases, a fence can be legally
required. For example:
• some housing developments have
restrictive covenants controlling fencing
• swimming pools must be fenced
• dog owners have a duty to prevent their
dogs wandering at large, so if the dog goes
outside, the yard must be fenced
• fencing may be required as a condition of
council planning approval.
The wall of a building is not legally dened as a
fence, though if it is on a boundary it may make
one unnecessary. If the building is removed,
the owner is not necessarily obliged to fence
the gap.
What is fencing work?
Fencing work is dened as the erection of a
new dividing fence, or replacement, repair or
maintenance work in relation to an existing
dividing fence. The cost can include any work
reasonably required to facilitate fencing work
such as a survey or clearing vegetation. If you
do any of the fencing work yourself, you can
include a reasonable amount for your labour.
4
What kind of fence?
The courts decide what kind of fence is
needed by looking at what is an “adequate
fence”. This means a fence that is typical of
good fencing in your area and is adequate
for the purposes of the owner against whom
contribution is sought (Fences Act 1975 s 12(8)
(a)). In rural areas, post and wire fencing may
be adequate, but in residential areas, a steel
(Zincalume or Colorbond) fence is usually
considered adequate.
Where residential blocks adjoin farming blocks
of 0.8 hectares or more, an adequate fence
is the cheaper of the farming and residential
fencing options. If a residential type fence
is proposed, the farmer does not have to
contribute more than their fair share of a fence
suitable for primary production purposes.
Obviously, neighbours may disagree about
what sort of fence is adequate for them.
There may be several adequate options.
Talk to your neighbour and try to agree on a
fence that suits you both.
Where should the fence be?
The fence should be on the boundary, but in
practice, many fences are not precisely on the
boundary. This does not change who really
owns the land and need not matter if both
neighbours can accept it.
Whether or not it is precisely on the boundary,
a dividing fence is still the legal responsibility
of both neighbours. However, if there is a
dispute about where a fence should go, get
a survey done which will show the precise
location of the boundary. If you both want the
survey, you can agree to share the cost, but
if not, the person who arranges the survey
will have to pay for it. Under a Fences Act
notice, a survey can be included as a cost of
the proposed fencing work. However, your
neighbour may object to paying for a survey if
they believe it is not necessary. If they object
and it goes to court, a Magistrate will have to
decide if a survey is reasonably required.
If necessary, a court can order the removal
of a fence that is not located on the proper
boundary and this can be expensive. However,
a court is unlikely to order the relocation of
a fence if the deviation from the boundary is
minor.
A court can order that compensation be paid
to a person for the loss of occupation of land
as a result of the erection of a fence not on
the boundary.
Generally, a fence should straddle the
boundary line, but a masonry fence, which
may be wider, should usually be on the land
of the person who wants it, with the outer
face on the boundary.
5
How is the cost of fencing work
shared?
Usually, the cost is shared equally, though
you can agree on some other arrangement.
It really depends on the benet that each
owner will obtain from the fence. Where one
neighbour wants a better than adequate fence
(for example, if they want a high fence where a
lower fence would do, or a brush fence where
steel sheeting is adequate), they should pay
the extra cost. This might be adjusted for any
benet the other neighbour gains (for example,
extra privacy). If the case goes to court, the
court will usually order that the objecting
neighbour pay half the cost of a fence that is
adequate.
Where two blocks of land abut a public road,
the owner of land across the road can be
asked to contribute to the cost of a fence if it
also benets them (for example, if the owner
has stock animals and their neighbour’s fence
saves them the expense of erecting a fence
on their side of the road).
Of course, the cost of a fence between
neighbours is only shared if you have agreed
to this or followed the proper procedure.
If you have gone ahead without doing this,
you pay the whole cost.
What if we agree?
If you and your neighbour agree on the work
and the cost-sharing, you do not have to follow
the procedure under the Fences Act. However,
even if you do not follow the procedure, it is
wise to make a written agreement, signed by
both of you. It should state clearly what work is
to be done, what materials will be used, what
quotes have been accepted, and how the cost
will be shared. An example of an agreement is
included on page 21. Attach copies of quotes
for all work. A clear, signed agreement should
spell out what was agreed to. Without it you
could still end up in court.
What if we can’t agree?
If you cannot agree, try mediation rst.
This can be cheaper and quicker than court,
and can help preserve a good neighbourly
relationship. However, if this does not work, or
your neighbour will not take part, you will need
to follow the Fences Act procedure, unless you
decide to abandon the fencing work or pay for
it all yourself. Even if you pay the whole cost
you should still get their permission before
doing the work. A court may order a person
who removes a fence without permission
to restore the original fence or alter the new
fence if it does not suit the neighbour.
6
Much of the law about fences is in the Fences
Act 1975 (SA). It applies to the fencing of all
land, including vacant land, developed land,
and rural properties, except for government or
council land more than one hectare in size, or
land forming a road or reserve. It applies to all
kinds of fences, but not to retaining walls or
the walls of buildings.
However, the Fences Act does not contain all
of the law about fences. Common law, private
contracts, planning regulations and other
laws may apply. It also does not deal with
encroachments, where one person’s building
is partly on another person’s land. These are
dealt with under the Encroachments Act 1944.
Legal advice should be sought in this situation.
How do I get my neighbour to pay?
If you and your neighbour don’t agree, you
must use the Fences Act notice procedure.
It is the only legal method if you want to build,
repair or replace a boundary fence and you
want your neighbour to contribute to the cost,
but they don’t agree. The process involves
lling in a form (called a notice) with details of
the work you propose and serving it on (legally
delivering it to) your neighbour for response.
This booklet contains notice forms which
you can use. Your neighbour does not have to
contribute unless you follow the procedure
correctly.
Notices
If you want to put up a new fence and want
your neighbour to contribute, you must serve
on the adjoining owner a ‘Notice of Intention
to Erect a Fence’ using Form 1 on page 18.
If you want to repair, replace or carry out
maintenance work on the fence and want your
neighbour to contribute, you must serve a
‘Notice of intention to perform replacement,
repair or maintenance work’ using Form 2 on
page 19.
All notices must be served on the adjoining
landowner either by handing it to the owner
personally or by sending it by Registered
Post.
Leaving it in their mailbox, putting it under the
door or sending it by ordinary post does not
count, even if your neighbour actually gets it.
Similarly, giving it to someone else who lives
there, or a family member or tenant of your
neighbour, does not count. If you are not sure
who the legal owner is, you can ask your local
council or contact Land Services SA. If there
is more than one owner, you must put all their
names on the notice. Keep a copy of any notice
you serve, and also a record of the date, time
and method of service, in case your neighbour
later says they did not get it.
The Fences Act procedure
7
Once the Form 1 or 2 notice has been served
on the adjoining landowner, you must wait 30
days before starting any work. In this time the
other owner may object with a cross-notice,
which may include counter-proposals. This
cross-notice should be the Form 3 on page20.
If the adjoining owner agrees with the
proposal, work can commence immediately,
but you should get their agreement in writing
or else wait for the 30 day notice period to
expire. See the agreement example on page 21.
If you get no reply from the adjoining owner
after 30 days, they are taken to have agreed.
You can go ahead with the work described in
the notice and claim their share of the cost
from them. If you sent the notice by Registered
Post, check with the post ofce to see when
your neighbour actually collected the notice.
You should allow 30 days from that date and
also give at least two days’ notice of intention
to commence fencing work.
If the adjoining
owner agrees with
the proposal, work
can commence
immediately.
8
Objections and counter-proposals
If you receive a Form 1 or 2 notice and you
object to the proposal, you should complete a
Form 3 cross-notice (see page 20). This cross-
notice must be served on the adjoining owner
within 30 days of receiving the fencing notice.
The same rules of service apply as outlined on
page 6.
You do not have to give reasons for objecting
or make a counter-proposal. You may simply
state “I object to your proposal”. However, if
the case goes to court you will be required to
tell the court your objections to the proposed
work, and if you do not have good reasons,
the court may order the work, and may also
order you to pay court costs. If you have good
reasons, it makes sense to state them in your
cross-notice.
If you want to suggest something different
from what your neighbour has proposed, you
should do so, giving details of the work and
the cost. Your neighbour then has 30 days to
answer your notice.
It is not a sufcient objection for a cross-
notice that you are about to sell your land
and will not get the benet of the proposed
work. As long as you are the owner, the Fences
Act procedure binds you. However, you may
wish to let your neighbours know that you are
selling, as they may agree to wait and deal with
the new owner. It is not reasonable to object
to fencing simply because you are not living
at the place where the fence is to be built.
An inability to afford the work is sometimes
the reason for an objection, but this will not
stand up in court, particularly if the fence is in
a poor state and the work is obviously needed.
If you agree that the work is required but you
cannot afford to pay for it at this time, you
should discuss terms of payment with your
neighbour. If you cannot agree on a solution,
consider using a mediation service. See
‘Paying for fencing work’ on page 10.
Other reasons that are not acceptable in court
include that you don’t care about the state
of the fence, or don’t think a fence is needed.
The court usually considers it reasonable for
neighbours to have a boundary fence and for
the fence to be kept in a good state of repair.
However, it may be proper to object if the
proposed fence is quite different to other
fences in your area.
If you have served a Form 1 or 2 and you receive
a Form 3 cross-notice in reply, the same
rules apply to you. If there are any counter-
proposals with which you disagree, you must
serve a written objection within 30 days (the
Form 3 notice can be used). You can make a
counter-counter-proposal if you think it will
help to resolve the matter. If there are no
counter-proposals in the cross-notice (that is,
it contains an objection only) you do not have
to reply – the notice procedure is nished
without agreement or a right to proceed.
9
If you receive a Form 1, 2 or 3 and do not object
within 30 days, you will be legally bound to
contribute to the proposal described on the
form. This is true even if you have told your
neighbour that you do not agree, or you are
sure that they already know this. Serving a
Form 3 or a written objection is the only legally
effective way of saying that you disagree.
No agreement
If the procedure does not result in agreement,
then you can:
1. Negotiate with the adjoining owner to see if
you can nd a fence or cost arrangement
that you both accept, or
2. Contact a Community Mediation
Service for help to settle the dispute
(see page 23), or
3. Apply to your local Magistrates Court
for a decision, or
4. Not proceed with the fencing work.
Taking the case to court
If a fencing dispute remains unresolved, either
neighbour can apply to the local Magistrates
Court, or to any other Magistrates Court
if the other person agrees (see page 23).
Alternatively, the application can be lodged
online through the CourtSA portal (see page
23). The case is started by lling in a form and
arranging for it to be sent to the other person.
Copies of all Fences Act notices should be
attached to the court form. The court will set
a date for both parties to attend for hearing.
Normally, each landowner attends court in
person. Lawyers do not usually appear in
court unless both owners agree or there are
special circumstances. However, you can get
legal help to prepare the court forms. On the
hearing day, be prepared to argue your case
and bring any letters, quotes, photographs,
surveys etc., relevant to the matter. In some
cases, the Magistrate may visit the fence site
or ask a building expert for a report. They will
decide what should happen and can make a
wide variety of orders to resolve the dispute.
They will also usually order the loser to pay the
winner’s costs.
Failure to proceed
If you reach agreement using the procedure,
or a court order is made, and you do not start
the work within 28 days, the adjoining owner
may do it and require you to pay your share.
Similarly, if you stop work for more than 28
days, the adjoining owner may complete it.
The work must be completed within the time
agreed upon or set by the court, or if no time
was agreed or set, within 4 months. If nothing
has been done after 4 months, the permission
for the work lapses and the person who wants
it done must start again with a Form 1 or 2
(pages 18 and 19).
10
Power of entry
You cannot go onto your neighbour’s land
without legal authority. The simplest way is to
ask their permission. However, if they say no,
and you have followed the procedure under
the Fences Act or have a court order, you can
obtain a legal right to enter their land with the
vehicles or equipment needed for the work, by
giving 2 days’ written notice. (Less notice may
be permissible in an emergency.) Again, you
must serve the notice either by handing it to
them in person or by Registered Post.
You can only go on the land to the extent
necessary for the work. Take care not to do
any harm or go beyond what is reasonably
necessary, or legal action for trespass or
negligence could result.
Paying for fencing work
Whoever orders the fence is responsible to
pay the contractor or supplier in full. This
person then collects the agreed contribution
from their neighbour.
If the other owner cannot afford their share
of the fence immediately, you can negotiate
acceptable terms of repayment. If you cannot
agree, a court can order regular payments
according to what the other owner can
reasonably afford. If an owner does not pay
after all proper procedures are followed,
debt enforcement proceedings through the
Magistrates Court may be necessary and
legal advice should be sought.
11
Railings
There is no law saying which side of the fence
the railings should be. If neither neighbour
is willing to have the railings on their side,
consider a style of fence that conceals the
railings, such as “good neighbour” fencing.
Council approval
You usually need council approval to build
any kind of fence higher than 2.1 metres, a
masonry fence higher than 1 metre, or a fence
over 1 metre in height within 6 metres of a
road intersection (except where a 4 x 4 metre
corner cut off has been provided). The height
is measured from the lower side. Some areas
have special regulations, so check with your
council before starting any work.
Brush fencing
Special re safety regulations apply to
buildings less than 3 metres from brush fencing
(Planning, Development and Infrastructure
(General) Regulations 2017 (SA) reg 96 and Sch
4(4)). Council approval is required for a brush
fence within 3 metres of a building.
Land under contract
The seller of land is required to inform potential
buyers of any Fences Act notice, but problems
can arise if a notice is not passed on. If a
contract of sale has been signed, it may be
better to postpone serving the notice until the
new owner takes possession of the property.
Other considerations
12
New housing developments
In some housing developments, the contract
of sale may provide that an owner cannot
collect a contribution for fencing from the
developer if the neighbouring block is unsold.
A contract may also state that the buyer of the
land has to pay the developer or the neighbour
for existing fencing.
Absent or unknown owners
If you do not know who owns the adjoining
land, contact the local council or Land
Services SA to nd out who and where they
are. If, after making reasonable enquiries, you
cannot identify or nd the adjoining owner,
your Form 1 or 2 notice must be prominently
displayed on their land. If no objection or cross-
notice is received within 30 days, you may
proceed with the fencing work.
When the adjoining owner or a new owner
later becomes known, you can require
payment, and take legal action if they fail to
pay. In court, you will have to prove that you
made reasonable enquiries to nd them and
that the notice was prominently displayed. A
photograph may help. Alternatively, to avoid a
future dispute about whether the notice was
adequately displayed, you should, before doing
the work, apply to the court for approval of the
proposal and for an order that the adjoining
owner pay a share.
Rental properties
A landlord cannot recover fencing work costs
from a residential tenant unless the work was
required as a result of an act or fault of the
tenant.
Dogs
An owner of a dog may be prosecuted if their
dog escapes through a hole in the fence and
wanders at large, regardless of who caused the
hole in the fence. Dog owners have a legal duty
to keep their dogs under control.
Emergency repairs
Where an emergency has occurred and the
situation is so urgent that notice cannot
practicably be given (for example, where a
storm-damaged fence allows animals to
escape), an owner may carry out necessary
repairs without giving notice to the neighbour
and still recover part of the cost. They should
use a type of fencing similar to what was
already there.
Even in an emergency, where it is possible to
give notice, you should do so. Even where 30
days’ notice cannot be given it is best to give
as much notice as possible, explaining the
urgency and what needs to be done.
13
Damage
Either party may use the fence to support
a trellis, grow a creeper or provide shelter
for plants, provided they do not damage
the fence. If your fence requires repair
or replacement because of things your
neighbour has done (for example, damage
by a car or animals or soil build up), your
neighbour should pay for this fencing work.
If they refuse to pay, you can arrange for
the work to be done using the Fences Act
procedure.
If one neighbour wrongfully damages or
pulls down the fence without the agreement
of the adjoining owner, or without following
the procedure under the Fences Act, they
may be liable to compensate the other
owner. It is therefore a good idea to obtain
the agreement of the adjoining owner
beforehand.
If your fence requires repair or
replacement because of things
your neighbour has done, your
neighbour should pay for this
fencing work.
14
Retaining walls
A retaining wall is a structure built to retain a
difference in ground levels. While a retaining
wall can serve as the footing for a fence, the
wall itself is not considered to be a fence and
is covered by different laws. The law about
retaining walls is principally found under the
common law of nuisance and the Planning,
Development and Infrastructure Act 2016
(SA) and the regulations. For more detailed
information about retaining walls, see the
Legal Services Commission’s Retaining Walls
fact sheet.
Development approval from your local
council (through www.plan.sa.gov.au) will
generally be required for a new retaining
wall or to demolish, repair or alter an existing
retaining wall. Approval is not usually needed if
the difference in ground levels retained by the
wall does not exceed one metre. A retaining
wall of one metre or less may still need
approval if it is in a particular zone or council
area. You should ask your local council if
approval is required.
If the proposed construction of a retaining
wall will affect the stability of the neighbour’s
land, and access to the neighbour’s land will
be needed to address the instability, then
the neighbour must be given notice of the
proposed work and the need for access.
Notice of the intention to perform the work
and the nature of that work must be given to
the owner of the adjoining land at least 20
business days before the work commences
(PDI Act s 139; PDI Regulations reg 64(2a)(b)). A
Form 1 Initial Notice to Owner of Affected Site
(Schedule 10A of the PDI Regulations) must
be used to give notice. It must have sufcient
detail about the proposed work, as well as how
long the work is estimated to take.
If the affected neighbour has concerns,
they may engage a professional engineer
to provide a report, along with plans and
specications, on the need to shore up
any excavation or to underpin, stabilise or
otherwise strengthen the foundations of any
building. The person proposing to do the work
must comply with the engineer’s advice and
give notice of at least one business day
before entering the adjoining land to do the
proposed work. They are also required to pay
the reasonable costs of obtaining the report,
plans and specications. Payment can be
enforced by an application to the Environment,
Resources and Development Court.
If the neighbour has requested that work be
carried out, as specied by a professional
engineer, the person building the retaining
wall may be able to obtain some payment
from the neighbour towards the work, either
by negotiation or by application to the
Environment, Resources and Development
15
Court. This may occur, for example, when the
neighbour will benet from the performance
of the work specied by the engineer.
A land owner who has been served a Form 1
Notice and believes they need more time to
obtain engineering advice should, in the rst
instance and if possible, discuss the matter
with the person proposing to do the work. If
more time is not agreed, the land owner may
apply to the Environment, Resources and
Development Court to stop commencement
of work until necessary engineering advice has
been obtained.
A person who performs work that is treated
as affecting the stability of neighbouring land
without giving notice, or who fails to carry out
engineering work required by the owner of the
affected land, may be ned up to $10,000.
If the required notice was not given before
work was done, the affected neighbour may
apply to the Environment, Resources and
Development Court to have further work
done to ensure the stability of their land is not
affected.
It is not the role of local councils to check or
enforce the service of notice in relation to work
that may affect the stability of neighbouring
land. However, if a relevant planning authority
has received a development application that
includes a retaining wall, the relevant planning
authority may attach an advisory notice to its
approval reminding the owner that they may
need to provide notice under s 139 by the Form
1 Notice.
The common law can apply in these situations
even if the Planning, Development and
Infrastructure Act 2016 does not. Under the
common law, liability arises for nuisance if a
person excavates near a boundary causing the
neighbour’s land to subside, or if ll collapses
onto the neighbour’s land, provided this is
foreseeable.
Liability can be avoided by taking reasonable
precautions. This will often involve building a
retaining wall, but in some cases a graduated
slope with stable batter may be sufcient. If
one neighbour lls and the other excavates,
both may be obliged to take appropriate
precautions and share the cost of retaining
work in proportion to the extent to which they
each altered the natural lie of the land. Failure
to take reasonable precautions may result
in liability if the soil collapses and causes
damage, even many years later.
16
All notices must be
given in person to your
neighbour or sent by
Registered Post.
There are three forms under the Fences
Act which are used to negotiate nancial
contributions towards fencing work.
Form 1: To erect a fence where there is none.
Form 2: To repair or replace an existing fence.
Form 3: To object to proposals put to you
by the adjoining owner, or to make
counter-proposals.
All notices must be given in person to your
neighbour or sent by Registered Post. You
should keep a copy of any notices you give
to your neighbour.
Blank copies of these forms are included in this
booklet with numbers on the left hand side.
When lling in the spaces on the appropriate
form, you should rst look at the form and note
the number on the left, and then refer to the
numbered instruction on page 17.
Guide to forms
17
No. Instructions
1 Name(s) of owner(s) of neighbouring land.
2
Address(es) or description of neighbouring land.
3 Address or description of your land.
4 Length and position of proposed fence.
5 Type of fence (eg. 1.8 metre Heritage Red Colorbond with steel posts
and rails).
6 Cost of work as quoted (attach quote).
7 Amount claimed from adjoining owner (usually half the cost of work
as quoted).
8 Name and address of proposed contractor.
9 Full details of day, month, year (eg. 23rd day of March 2023).
10 Your signature.
11 Your name(s) and postal address.
12 The date as it appears on your neighbour’s notice to you.
13 Your objection to your neighbour’s proposal (eg. The type of fence
proposed is higher than the surrounding fences). Read this booklet
carefully for your options.
14 If you want to suggest an alternative to your neighbour’s proposal,
state the type of fence or fencing work you would be happy with,
including the cost you propose that your neighbour contributes.
If appropriate, attach a quote.
18
Form 1: Notice of intention to erect a fence
1 To ________________________________________________________________________________________
2 Owner(s) of ______________________________________________________________________________
Take notice that I propose that a fence be erected between your land described
above and my land at:
3 ____________________________________________________________________________________________
The particulars of my proposal are as follows:
4 ____________________________________________________________________________________________
____________________________________________________________________________________________
5 ____________________________________________________________________________________________
____________________________________________________________________________________________
6 Total cost of fencing work $ ______________________
7 Amount claimed from you $ ______________________
8 Name and address of proposed fencing contractor:
____________________________________________________________________________________________
____________________________________________________________________________________________
NB—If you do not within thirty days after service of this notice serve upon
me a cross-notice in accordance with the Fences Act, you will be deemed to
have agreed to these proposals and will be bound thereby.
This Notice is given pursuant to the Fences Act 1975.
9 Dated / /
10 Signed ___________________________________________________________________________________
11 Name and address for service of a cross-notice
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
1
3
2
4
5
6
7
8
9
10
11
19
Form 2: Notice of intention to perform replacement, repair or maintenance
work
1 To ________________________________________________________________________________________
2 Owner(s) of ______________________________________________________________________________
Take notice that I propose that work be performed in relation to a fence dividing
your land and my land at:
3 ____________________________________________________________________________________________
The particulars of my proposal are as follows:
4 ____________________________________________________________________________________________
____________________________________________________________________________________________
5 ____________________________________________________________________________________________
____________________________________________________________________________________________
6 Total cost of fencing work $ ______________________
7 Amount claimed from you $ ______________________
8 Name and address of proposed fencing contractor:
____________________________________________________________________________________________
____________________________________________________________________________________________
NB—If you do not within thirty days after service of this notice serve upon
me a cross-notice in accordance with the Fences Act, you will be deemed to
have agreed to these proposals and will be bound thereby.
This Notice is given pursuant to the Fences Act 1975.
9 Dated / /
10 Signed ___________________________________________________________________________________
11 Name and address for service of a cross-notice
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
1
3
2
4
5
6
7
8
9
10
11
20
Form 3: Cross-notice
1 To ________________________________________________________________________________________
12 Take notice that I object to the notice given by you pursuant to the Fences Act 1975 and
dated the __________ day of ____________________________________________
13 The particulars of my objection are as follows:
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
14 *I make the following counter-proposals:
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
* NB—If you do not within thirty days after service of this notice serve upon me a
written notice of objection in accordance with the Fences Act, you will be deemed
to have agreed to the above counter-proposals and will be bound thereby.
This Notice is given pursuant to the Fences Act 1975.
9 Dated / /
10 Signed ___________________________________________________________________________________
11 Name and address
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
*These items are to be omitted where no counter proposals are made.
1
13
12
14
9
10
11
21
Fencing work agreement
Between ___________________________________________________________________________________________
owner(s) of land at _________________________________________________________________________________
______________________________________________________________________________________________________
and ________________________________________________________________________________________________
owner(s) of land at _________________________________________________________________________________
______________________________________________________________________________________________________
We agree to proceed with fencing work along the boundary between our properties described
above. The particulars of the fencing work are as follows:
______________________________________________________________________________________________________
______________________________________________________________________________________________________
______________________________________________________________________________________________________
______________________________________________________________________________________________________
______________________________________________________________________________________________________
______________________________________________________________________________________________________
Total cost of fencing work $ __________________________________________ as per attached quote from
________________________________________________________________________ dated / / .
______________________________________________ will pay for the fencing work and will be paid the sum
of $ ______________________________ by the adjoining owner on completion OR by regular payments
of $ ______________________________ commencing on / / and continuing weekly/
fortnightly/monthly until the contribution is paid in full.
Signed by _____________________________________________________________ Date / /
Signed by _____________________________________________________________ Date / /
22
Community Legal Centres
Northern Community Legal Service
26 John Street, Salisbury SA 5108
Telephone 8281 6911
Country callers 1300 558 555
Community Justice Services SA
40 Beach Road, Christies Beach SA 5165
Telephone 1800 460 296
Uniting Communities Law Centre
43 Franklin Street, Adelaide SA 5000
Telephone 8202 5960
Country callers 1300 886 220
Westside Lawyers
Hindmarsh Ofce
212 Port Road, Hindmarsh SA 5007
Telephone 8340 9009
Port Pirie Ofce
72 Ellen Street, Port Pirie 5540
Telephone 8340 9009
Women’s Legal Service
Level 7, 45 Grenfell Street, Adelaide SA 5000
Telephone 8231 8929
Free call 1800 816 349
Legal Services Commission
Free Legal Helpline 1300 366 424
www.lsc.sa.gov.au
• Adelaide Ofce
159 Gawler Place, Adelaide 5000
Telephone 8111 5555
• Elizabeth Ofce
Suite 2 Windsor Building
1 Windsor Square (off Playford Boulevard)
Elizabeth Shopping Centre, Elizabeth 5112
Telephone 8111 5400
• Noarlunga Ofce
Noarlunga House
Ramsay Place, Noarlunga Centre 5168
Telephone 8111 5340
• Port Adelaide Ofce
263 St Vincent Street, Port Adelaide 5015
Telephone 8111 5460
• Port Augusta Ofce
34 Flinders Terrace, Port Augusta SA 5700
Telephone 8686 2200
• Whyalla Ofce
17A Forsyth Street, Whyalla 5600
Telephone 8620 8500
Where to get help
23
Uniting Communities
Mediation Service
For an appointment
Telephone 8202 5960
Country callers 1300 886 220
unitingcommunities.org/service/legal-
services/mediation
Magistrates Courts
Central Switchboard for all courts
Telephone 8204 2444
Magistrates Courts are located in most
metropolitan and regional centres
CourtSA Online Portal
www.courts.sa.gov.au
Land Services SA
Level 9, 101 Grenfell Street, Adelaide SA 5000
Telephone 8423 5000
www.landservices.com.au
24
Notes
Legal Help for all South Australians
