Fences Act 1968 (Vic)

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Version No. 072

Fences Act 1968

No. 7733 of 1968

Version incorporating amendments as at


29 March 2021

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Short title and commencement

3Definitions

4Meaning of owner

5Meaning of reasonable inquiries

6When is a dividing fence a sufficient dividing fence?

Part 2—Contributing to fences

7General principle—owners are liable to contribute in equal proportions to a sufficient dividing fence

8Fences of a greater standard than sufficient dividing fences

9Owners who damage or destroy a dividing fence

10Circumstances where long-term tenants may be liable to contribute to fencing works

Part 3—Procedures

Division 1—Procedure for fencing works

11Meaning of adjoining owner and notifying owner in Division 1

12Owners must not undertake fencing works unless in accordance with an agreement or otherwise in accordance with this Act

13Seeking agreement to proposed fencing works under the Act—giving a fencing notice

14Owner must make reasonable inquiries to locate adjoining owner

15Additional notices where a long-term tenant may be liable to contribute

16Owners may agree on a fence line other than common boundary where waterway or other obstruction

17Procedure if adjoining owner responds but owners do not agree

18Procedure if long-term tenant responds but does not agree

19Procedure if adjoining owner has not responded or cannot be located

20Procedure if long-term tenant has not responded

21Recovering contributions from owner of adjoining land for works commenced under section 19

22Recovering contributions from long-term tenant for works commenced under section 20

Division 2—Procedure for urgent fencing works

23Urgent fencing works may be carried out

24Requiring an owner to contribute to urgent fencing works once complete

25Procedure if adjoining owner responds to urgent fencing notice but does not agree

26Procedure if adjoining owner does not respond to urgent fencing notice

Division 3—Process if common boundary not agreed

27Meaning of adjoining owner and notifying owner in Division 3

28Boundary survey notice

29Response to boundary survey notice

30Boundary survey

30AContributions to boundary survey

30BRight to file complaint in Magistrates' Court suspended while common boundary established

Part 4—Resolving fencing disputes

30COrders about fencing works

30DOrders about fencing works—long-term tenants

30EAdverse possession claims arising from fencing disputes

30FIf adjoining owner defaults on agreement or order

30GRecovery of money—landlord against long-term tenant who is liable

30HRecovery of money for a dividing fence where unalienated Crown land is first acquired

30ISubstantial failure to comply required

Part 5—General provisions

31Act not to apply to unalienated Crown lands

32Placement of rails and framing

33Right to access adjoining land to undertake fencing works

34Act not to affect agreements, other laws etc

35No entitlement to possession if fence not on common boundary because of waterways and other obstructions

36Act does not apply in certain circumstances—owners corporations

37Giving notices under this Act

38Regulations

39Transitional provisions

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 072

Fences Act 1968

No. 7733 of 1968

Version incorporating amendments as at


29 March 2021

An Act to consolidate and amend the Law relating to Dividing and Vermin-proof Fences,…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.