Fences and the Law

There is no general legal obligation to fence land or to repair an existing fence, however the Fences Act 1975 (SA) regulates the erection, replacement, maintenance and repair of fences in South Australia. All references in this section are to this Act unless stated otherwise.

The Fences Act 1975 (SA) provides a procedure for resolving fencing disputes and obtaining contributions from neighbours who benefit from a fence. The purpose of the Act isto:

• Provide for the erection, replacement, repair and maintenance of fences
• Ensure that a person seeking construction of a fence give ample opportunity for his/her neighbour to raise matters such as:
• the need for construction
• the nature of the construction
• the costs of construction, and
• to provide counter-proposals

For further information: Fences and the Law(383 kb)