Hi there. The law relating to fence disputes in Victoria is contained in the Fences Act 1968 (Vic). Under section 9 of that Act, a land owner is responsible for paying the entire cost of repairing or replacing a dividing fence that is damaged or destroyed by the owner or a person on the owner’s land with their consent (e.g. a tenant living on the land).

However, the Fences Act 1968 (Vic) does not apply to land owned or occupied by state or federal governments and their agencies (see section 31). This means that your neighbour – the Victorian Department of Health and Human Services – is not bound by section 9 and therefore not legally required to contribute to the cost of the repair or replacement of your dividing fence. This does not prevent the DHHS from offering to pay for all or part of the cost of the new fence. If they are offering to pay 50% of the costs, this may be the best offer you are going to receive.

An alternative option is to pay for the new fence and then, within 6 months of a private owner or occupier taking ownership of your neighbouring property, serve a notice on them to recover 50% of the value of the fence (see section 30H of the Act). If you cannot reach an agreement with your new neighbour within 30 days of giving them notice, you can seek a court order under s 30C of the Act by filing a complaint with the Magistrates' Court. Note, however, that it is very unusual for government-owned land to be sold to private persons, especially land on which the DHHS operates public housing. Therefore, although partial recovery may be technically possible under the Act, it is unlikely to be a feasible option.

Suggested way forward

If you are not satisfied with the offer made by the DHHS, you can try to resolve the issue using the services of your local Dispute Settlement Centre (www.disputes.vic.gov.au). If this is unsuccessful, you may want to speak to a lawyer to help you understand your legal rights and the best course of action. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.