Shared Boundary Disputes: What to Do When Neighbors Disagree About Front Fence Design

A front fence might seem like a minor feature, but when it’s located on a shared boundary, even small design choices can lead to major disagreements between neighbors. In Melbourne and across Victoria, fences are governed by local planning rules and the Fences Act 1968, which sets out who pays, what’s allowed, and how to resolve disputes.

But what happens if you want a low timber picket fence that suits your heritage home while your neighbor insists on a tall modern Colorbond panel for privacy? Latitude Fencing & Gate walks you through the legal framework, common points of conflict, practical steps to resolve issues, and tips for creating a fence that both you and your neighbor can be happy with.

What Is a Shared Boundary Fence?

A shared boundary fence—also called a dividing fence—is a structure built along the exact boundary line separating two properties. Because it benefits both owners, both usually share the costs and have input into its design.

Most homeowners encounter shared fence issues when replacing an old fence that’s rotted, leaning, or no longer secure. Others run into disputes when upgrading for aesthetic reasons, such as to match a renovated façade or to enhance street appeal.

In all these cases, the key point is this: when the fence sits on the boundary and both sides benefit, you need to treat it as a joint responsibility, not a solo project.

Legal Framework in Victoria

In Victoria, the Fences Act 1968 provides the backbone of the law for dividing fences. Under this Act, each owner is responsible for contributing to the cost of a “sufficient dividing fence.” This means a fence that is considered adequate for the location and typical for the neighborhood.

However, “sufficient” doesn’t always equal “your preferred design.” If one owner wants a more expensive material or decorative feature, that owner may need to pay the difference.

Local councils also add their own layers of rules. For example, in a heritage overlay zone, a front fence might have to be a certain height, material, or style regardless of either owner’s preferences. In corner blocks or areas near intersections, there are often extra safety and visibility rules that affect fence height and transparency.

In short, both parties should check with their local council first, understand their obligations under the Fences Act, and then start discussions from there.

Common Reasons Neighbors Disagree

Disputes about shared boundary fences often arise for a few predictable reasons:

• Design preferences: One neighbor may love the look of a sleek, modern panel fence, while the other prefers a period‑appropriate timber picket style.

• Material choices: Some people prioritize low‑maintenance materials like Colorbond, while others want the traditional charm of timber or wrought iron.

• Height concerns: Privacy vs. openness is a frequent sticking point. One neighbor may push for a tall fence to block views, while the other wants to keep sightlines and light.

• Cost disputes: If one person proposes a premium fence that costs significantly more than a basic option, the other may refuse to share the additional expense.

• Maintenance history: A neighbor frustrated with past upkeep issues may resist certain materials or designs they associate with more work.

Understanding these common points of friction helps you approach discussions with empathy and prepare realistic solutions.

What to Do When Neighbors Disagree About Front Fence Design

When you and your neighbor can’t agree on a front fence design, don’t rush into construction or arguments. Instead, follow these steps:

Open Communication

Start with a calm, friendly discussion. Arrange to meet in person, bring along photos of fence styles you like, and reference your council’s design guidelines. Often, showing that you’ve done research and are open to ideas helps create a cooperative atmosphere.

Put Agreements in Writing

Once you start reaching common ground, write down the agreed details: fence height, materials, color, and how costs will be split. A simple written record avoids future misunderstandings.

Refer to Local Regulations

If your neighbor objects to your preferred design, show them relevant regulations. For instance, heritage overlays may restrict high Colorbond panels regardless of personal preference. Sharing council documents can help ground the conversation in facts rather than opinions.

Use the “Notice to Fence” Process

If you can’t agree informally, the Fences Act allows you to serve a Notice to Fence. This formal document outlines the proposed works, expected costs, and a timeline. Your neighbor has 30 days to respond. This step often prompts serious discussions and resolutions.

Seek Mediation

If the notice doesn’t resolve things, you can approach the Dispute Settlement Centre of Victoria. They offer free or low‑cost mediation, providing a neutral facilitator to help both parties reach an agreement without going to court.

Escalate as a Last Resort

When all else fails, you can apply to the Magistrates’ Court to make a ruling. However, this should be a last resort, as it takes time, money, and can strain neighborly relations permanently.

Design Compromises That Work

Many disputes can be resolved by exploring middle‑ground options. Here are a few ideas:

• Mix materials: Use a timber picket design for the front section visible from the street, and switch to Colorbond or another material further back where privacy is needed.

• Staggered height: Agree on a lower height for the front 3–4 meters, gradually increasing height further down the boundary.

• Neutral colors: Pick a color that blends with both homes and is approved in heritage or local guidelines.

• Simple detailing: If one neighbor dislikes ornate features, choose a clean design with subtle decorative elements.

• Landscaping: Add shrubs or climbing plants on one side to achieve privacy without altering the fence structure itself.

These small adjustments often make a design acceptable to both parties.

Preventing Future Disputes

The best way to handle fence issues is to avoid disputes in the first place. Here’s how:

• Check council guidelines first: Know what is legally allowed before suggesting designs.

• Keep records: Save emails, letters, or notes from meetings to document agreements.

• Use a formal fencing agreement: Councils and legal websites often provide templates.

• Maintain the fence: Regularly inspect and repair the fence to prevent arguments about neglect.

• Build relationships: A friendly rapport with your neighbor makes future projects far easier.

Conclusion

Shared boundary fences are more than just a line between properties—they’re a shared responsibility. Disputes over design can be frustrating, but with the right approach you can avoid unnecessary conflict.

Start with open communication, be informed about your rights under the Fences Act 1968, and refer to local council rules. Explore compromises that satisfy both aesthetic and functional needs, and consider mediation if discussions stall.

In the end, a well‑designed front fence that respects both homeowners’ interests and local regulations not only protects your property but also enhances the character of your street. Take the time to plan, discuss, and document—your fence and your neighborly relationship will be stronger for it.