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Who pays for a boundary fence in Mildura and Victoria

Who pays for a boundary fence on the Victorian side of the Murray? The Fences Act 1968 has neighbours share the cost in equal proportions. This page covers the steps, the 30 day notice period and Crown land.

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.

StepWhat the sources say
1. Learn your rights and check council rulesThe Dispute Settlement Centre's steps start here (Dispute Settlement Centre steps). A Victorian council notes that councils cannot help with fencing disputes between neighbours (a Victorian council's boundary fencing page).
2. Talk to your neighbourThe Centre says: "Many people just sign the agreed quote for the job to formalise the agreement."
3. Send a Fencing NoticeUnder s13(3) a fencing notice "must be in writing and contain the following information", which the Act lists. Justice Victoria recommends registered post.
4. Wait 30 daysYour neighbour has 30 days from the day they receive the Fencing Notice to respond (Dispute Settlement Centre, Justice Victoria).
5. Negotiate, or go aheadIf the neighbour does not respond, the Centre says work can go ahead and the share can be sought through the Magistrates' Court.
6. Magistrates' Court as a last resortLegal Aid Victoria points to the Magistrates' Court (Form 5A) after 30 days (Legal Aid Victoria). The Act sends disputes there under ss17 and 18 and ss30C to 30I.
A dividing post and wire fence between two properties, with a vineyard block on one side and a dry paddock on the other and a gate in the fence, no people
Mildura district. A dividing fence between a vineyard block and a paddock

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.

Justice Victoria: the law "doesn't set a height or material".

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.

What this page cannot do

This page cannot tell you who pays for your fence, whether your fence is sufficient, or whether a section of the Act applies to your land. It describes the Act and the guidance in the version we found, and it stops where our sources stop: the Murray as a boundary, section 6 in full, and the conditions of sections 19 and 30H. We are not lawyers, and we are a referral service. We pass your enquiry to local contractors, who build the fence. For a dispute with a neighbour, the Dispute Settlement Centre Victoria, Legal Aid Victoria and a solicitor are the right people.

Written November 2026

Check the current rules before you rely on this

This page describes boundary fence rules on the Victorian side of the Murray under the Fences Act 1968, 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 Fences Act 1968 (Vic), authorised version 072, amendments as at 29 March 2021 (FAOLEX copy), Justice Victoria, fences: your rights and obligations, Dispute Settlement Centre Victoria, fencing disputes: steps, Legal Aid Victoria, fences and trees and Swan Hill Rural City Council, boundary fencing. 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 Justice Victoria, the Dispute Settlement Centre Victoria or Legal Aid Victoria. A fence on the other side of the Murray comes under a different Act, which our New South Wales page covers.

Accurate at the time of writing, November 2026. Always check the source before relying on it.

Questions

Common questions

What must a Fencing Notice contain on the Victorian side of the Murray?

Under s13(3) of the Fences Act 1968, a fencing notice must be in writing and contain the information the Act lists. We did not capture that list, so read the section or ask Justice Victoria. Justice Victoria recommends registered post, and your neighbour has 30 days from receipt to respond.

What if my neighbour does not respond to the notice?

The Dispute Settlement Centre says that if your neighbour does not respond within 30 days of receiving the notice, work can go ahead and the share can be sought through the Magistrates' Court. Legal Aid Victoria points to Form 5A after 30 days. Get advice first.

What if I cannot find the owner next door?

Justice Victoria says that if the owner cannot be found and you want a contribution, you need a Magistrates' Court order before the work. Do not start work in that situation without checking with Justice Victoria, Legal Aid Victoria or a solicitor.

Can I make my neighbour pay for a higher standard of fence?

Not for the extra. Justice Victoria says a neighbour who wants a higher standard pays the difference, so if you want more than a sufficient fence, you carry that part. Costs are shared equally in the normal case, and shared costs can include design, clearing land, removing the old fence, surveying, approvals and temporary barriers.

What if my neighbour is Crown land or a council reserve?

Section 31 says the Act, with s30H, does not apply to any unalienated Crown lands, and Justice Victoria says bodies managing public parks and reserves are not treated as owners. DEECA says the government is not liable for contributions to fences that adjoin Crown land. Ask the land manager.

Can I clear vegetation to build a boundary fence?

Victorian guidance says planning schemes may allow clearing to construct or maintain boundary fences without a permit, and tells you to check with your local council planning department. Clearing on the public land side of your fence needs written consent from the public land manager.

Can I use a wire and post fence as a boundary fence on rural land?

Justice Victoria says the law does not set a height or material, and that for rural properties a sufficient dividing fence might be a wire and post fence. You and your neighbour still need to agree what is built, so put it in writing.

Who can help if we cannot agree?

The Dispute Settlement Centre Victoria sets out steps from talking to your neighbour to the Magistrates' Court, and Legal Aid Victoria and Justice Victoria publish guidance. A Victorian council page says councils cannot help with fencing disputes between neighbours. A solicitor can advise on your facts.

Next step

Send a photo of the fence line and a town

The town, which side of the Murray, the fence type, roughly how long it is and how it is reached. That is usually enough for a contractor to ask the right questions before a visit.