Who pays under the Dividing Fences Act in NSW
This page covers the New South Wales side of the Murray only, including Wentworth Shire, where boundary fences come under the Dividing Fences Act 1991. Section 7 says "Adjoining owners are liable to contribute in equal proportions to the carrying out of fencing work" (Dividing Fences Act 1991, version dated 7 December 2024). Legal Aid NSW says neighbours generally share the cost of a sufficient dividing fence (Legal Aid NSW). The Victorian side of the river is under a different Act with its own timing. If your fence is there, read boundary fence law on the Victorian side of the Murray. Nothing below applies there.
The version we read is the in-force PDF dated 7 December 2024. Later amendments are unverified, so check the current version of the Act before you rely on a section number.
What is a sufficient dividing fence
Section 3 defines a dividing fence as "a fence separating the land of adjoining owners, whether on the common boundary of adjoining lands", and the definition continues beyond that fragment. The definition of owner includes, in paragraph (c), a Crown land manager of Crown managed land. Section 4 requires "all the circumstances of the case" to be considered when deciding whether a dividing fence is sufficient, and has a paragraph (g) for land leased under the Western Lands Act 1901.
Legal Aid NSW lists what the circumstances include: the existing fence, other fences in the area, how the land on each side is used, council requirements and privacy (Legal Aid NSW FAQs). It adds that "Fencing Orders can only be made where there is no sufficient fence". We found no New South Wales page that says what a sufficient rural fence looks like, so agree the standard with your neighbour in writing and ask the contractor what they propose. The Buronga, Gol Gol, Dareton and Wentworth page has the local facts.
The fencing notice and the one month wait
On the New South Wales side of the Murray, the steps run as follows, and each comes from the source named.
| Step | What the sources say |
|---|---|
| 1. Agree if you can | Neighbours generally share the cost of a sufficient dividing fence (Legal Aid NSW). |
| 2. Serve a written Fencing Notice | Legal Aid NSW describes it as "a written notice that says what fencing work you want done". Section 11 lists what a notice contains, including "the estimated cost of the fencing work". |
| 3. Wait one month | NCAT says the notice must be served "at least one month before you apply" (NCAT dividing fences). Legal Aid NSW says "If you still can't reach an agreement after a month has passed" either neighbour can apply for Fencing Orders. |
| 4. Apply for Fencing Orders | Either neighbour can apply to the Local Court or NCAT (Legal Aid NSW). NCAT can order the material, height, location, timing and cost split. |
| 5. Without agreement or an order | Legal Aid NSW says you generally "cannot recover" a contribution, except for urgent work. Section 9 covers urgent fencing work without notice. |
For an application, NCAT lists the evidence it expects: the notice, photos, receipts and any boundary survey. Section 8 deals with negligent or deliberate damage, and allows up to the whole cost to fall on the person responsible.
Where a dispute goes: NCAT and the Local Court
NCAT hears dividing fence disputes. Legal Aid NSW says either neighbour can apply to the Local Court or NCAT. An older Local Court fact sheet, which we use only for its Local Court points, describes a dividing fence as "anything bounding the land of adjoining owners" and says you "cannot recover fencing costs from your neighbour unless you have an agreement or order" (Local Court fact sheet). Section 13(1A) goes further for one kind of land: it says "only the Civil and Administrative Tribunal has jurisdiction to hear and determine matters affecting land" in the Western Lands context. Check which body hears your matter before you apply.
Crown land and public authority neighbours
Section 25(1) says the Act "does not operate to impose any liability, or to confer any rights, with respect to dividing fences on" listed Crown and public land, which includes the Crown, a council and a trustee of a public reserve or park, among others. Section 25(2) allows the Crown or those bodies to make separate arrangements to contribute. Legal Aid NSW says a public authority such as a council, Housing NSW or a public school "doesn't have a legal responsibility to share the cost". It has no answer on Crown land generally.
The definition of owner in s3 includes a Crown land manager of Crown managed land, and s25 excludes listed Crown and public land. We do not try to reconcile the two here. If your neighbour is a Crown land manager or a public body, ask NCAT, Legal Aid NSW or a solicitor. A fence that is also a pool barrier is a separate regulated fence, and Legal Aid NSW says it is the pool owner's cost.
Watercourses, the river and Western Lands
The heading of s5 says a road or watercourse between two parcels does not prevent liability. We could read only the heading in full, so we cite it as that and no more. The Murray is the state border. A dividing fence is between neighbours' lands on the same side, and the Act that applies is the one for the state where the fence is. On the New South Wales side of the Murray, that is the Dividing Fences Act 1991. No source we found says what the Act does for a fence along or across the river, so if your boundary is the river itself or your neighbour is across it, ask Legal Aid NSW or a solicitor. The border line is covered on the Murray page.
On Western Lands, an undated Law Society note, with no publisher stated, says the lease holder is responsible for boundary fencing in a stock-proof condition (Law Society note). Whether your block is Western Lands is a question for NSW Crown Lands (Western Lands) or the council. We do not know, and we do not say.
Finding your neighbour's details in Wentworth Shire
Wentworth Shire Council has a request for information form for fencing under the Dividing Fences Act 1991 (request for information form). The applicant states the property and up to five addresses, to obtain neighbour details. The council is at 61 Darling Street, PO Box 81, Wentworth NSW 2648, on 03 5027 5027, at [email protected]. No fee is listed on the form. Whether a contractor needs a licence or registration is a separate question: see the licensing page. When you are ready, send your town, a photo of the line and who your neighbour is.
What this page cannot do
This page cannot tell you who pays for your fence, whether a section applies to your land, or which body will hear your matter. It describes the Act in the version we read, dated 7 December 2024, and it stops where our sources stop: the river as a boundary, section 5 in full, how s3 and s25 fit together for Crown land, and whether your block is Western Lands. We are not lawyers, and we are a referral service. We pass your enquiry to local contractors, who build the fence. For a dispute, Legal Aid NSW, NCAT and a solicitor are the right people.
Check the current rules before you rely on this
This page describes boundary fence rules on the New South Wales side of the Murray under the Dividing Fences Act 1991, in the version we found. It describes the rules in general terms as they stood in November 2026. Standards, forms, thresholds and fines change.
The authoritative sources are Dividing Fences Act 1991 (NSW), in-force version dated 7 December 2024, Legal Aid NSW, fences: your rights and obligations, NCAT, dividing fences, Legal Aid NSW, fences, boundaries and retaining walls FAQs and Wentworth Shire Council, request for information: fencing (Dividing Fences Act 1991). Where anything here differs from those sources, they are right and we are not.
We are not fencing contractors, builders, regulators or lawyers. For what applies to your fence, ask Legal Aid NSW, NCAT or Wentworth Shire Council on 03 5027 5027, whose request for information form helps you find a neighbour's details. A fence on the other side of the Murray comes under a different Act, which our Victorian page covers.
Accurate at the time of writing, November 2026. Always check the source before relying on it.