Dividing Fences

Frequentlyasked questionsMy neighbour’s trees are pushing against the fence and havedamaged it. I have asked that he cut the trees down or at least cutthem back and repair the fence at his cost. He advised that as far ashe is concerned the trees stay and that he will only pay half the costof the repair. What are my rights?You would be required under the Dividing Fences Act 1961 tocontribute to half the cost of the repairs to the fence. If you refuseto pay your neighbour may seek a court order.Do I have to contribute to the repair of the dividing fence if my landis vacant?Yes, subject to Part III Section 15 of the Dividing Fences Act 1961.The neighbouring property is owned by the Department ofHousing and Works (DHW) and the fence is in need of repair,what should I do?State government departments are not bound by the Dividing FencesAct 1961, however you should contact your nearest DHW office todiscuss the repair or replacement options.36dividing fences - a guide