Who pays for a boundary fence in Mildura and Victoria

Who pays for a boundary fence in Victoria

This page covers the Victorian side of the Murray only, where boundary fences come under the Fences Act 1968. Under section 7(1), owners of adjoining land "are liable to contribute in equal proportions to fencing works" (Fences Act 1968, authorised version 072). Justice Victoria says the same in plain words: fencing costs are shared equally between neighbours in the normal case (Justice Victoria). The other side of the river is under a different Act, with its own timing and its own forums. If your fence is there, read boundary fence law on the New South Wales side of the Murray. Nothing below applies there.

The Act text we read is authorised version 072, with amendments as at 29 March 2021, and the legislation.vic.gov.au landing page lists that version as in force from that date (Victorian Legislation landing page). That is the version we found. Check the current version for later amendments before you rely on a section number.

The steps on the Victorian side of the Murray, in order

The Dispute Settlement Centre Victoria sets out a sequence for neighbours. The table puts it beside what the other sources add. All of it applies on the Victorian side of the Murray.

What counts as a sufficient dividing fence on rural land

Section 6 sets the regard to be had in deciding whether a dividing fence is "a sufficient dividing fence". We do not summarise its subsections, because we captured only part of one. Justice Victoria is clearer for a landholder: the law "doesn't set a height or material", and "For rural properties, a sufficient dividing fence might be a wire and post fence." That is guidance, and the word "might" matters: you and your neighbour still need to agree on what is built. A neighbour who wants a higher standard pays the difference. The farm and stock fencing page describes what a post and wire fence is made of.

One Victorian council's page adds that a dividing fence "may sit off the common boundary line, for example where there is a waterway". That is council guidance, not a legal rule, so ask the council before you rely on it.

What the shared cost can include

Justice Victoria says shared costs can include design, clearing land, removing the old fence, surveying, approvals and temporary barriers. Damage caused by a neighbour is that neighbour's cost. The Act also includes a provision, s30H(1), that allows an owner to "recover half of the value of the existing dividing fence". We have not read its conditions in full, so read the section or ask Legal Aid Victoria before you rely on it. Section 19 allows a party to "commence fencing works and any subsidiary works without agreement" in the circumstances the section states, which you should read before relying on it.

Two special cases are in Justice Victoria's guidance. Urgent repairs, such as a falling tree, fire or flood, can proceed with an urgent fencing notice for a contribution. And if the owner cannot be found and you want a contribution, you need a Magistrates' Court order before work starts.

Crown land, roads and public land neighbours

On the Victorian side of the Murray, the Act may not apply if the neighbour is public land. Section 31 says the Act, with s30H, "shall not apply to any unalienated Crown lands". Justice Victoria says "Certain Crown land is exempt from fencing contributions", and that councils or bodies managing public parks and reserves "are not treated as owners". The DEECA fencing factsheet (August 2024) says the government is not liable for any maintenance, or contribution towards fences that adjoin Crown land under the Fences Act 1968 (DEECA fencing factsheet).

A Victorian council goes wider, saying the Act "may not apply where the land adjoins Crown land, roads or laneways, or other authorities' land, such as Goulburn Murray Water or VicTrack". Separate bushfire repair support exists for agricultural land bordering national parks, State parks and State forests: ask DEECA for the current terms. Crown water frontages and clearing vegetation for a fence are on the Murray page.

A fence along the river, or across it

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 Victorian side of the Murray, that is the Fences Act 1968. We say no more than that. No source we found says what the Act does for a fence along or across the river, or between a Victorian owner and an owner on the other side. If your boundary is the river itself, or your neighbour is across it, ask Justice Victoria, Legal Aid Victoria or a solicitor.

On where the line is, Wikipedia, a secondary source, says the border lies along the top of the southern (Victorian) bank (Murray River). Victorian and New South Wales survey agencies inspected the river at Mildura between the George Chaffey Bridge and the downstream weir and agreed "the precise line of the border" in September 2022, with formal survey and marking still to follow (border survey update, Spatial Source).

Local pages and what to do next

The same Victorian rules apply across Mildura, Merbein, Nichols Point and Cardross, Red Cliffs and Irymple, Robinvale and Ouyen and the Mallee. Whether the contractor needs a licence or registration is a separate question, and the licensing page explains what the regulator pages say. When you are ready, send your town, a photo of the fence line and who your neighbour is.