Aussie family hit with $163k bill after 7cm dispute over dividing fence

An Aussie couple say they are being forced to sell their “beautiful” family home after a lengthy and bitter dispute over the fence dividing their property from their neighbour has left them with a staggering $163,000 bill.

Jay and his wife Kirsty Hall built what they believed was their forever home in Sydney’s northwest in 2018, but it soon became the site of a tense stand-off after their relationship with their next-door neighbours soured.

Family ordered to move fence 7cm

Jay told A Current Affair the sets of homeowners initially had a verbal agreement that the Halls could construct a dividing fence with a metre high retaining wall, but in 2020, their neighbours argued this never occurred and retained proof it breached their boundary.

In response, the Hills Shire Council ordered Jay to move the fence 7cm so it was wholly on his property.

“The initial cost was about $15,000, now the second cost because the neighbours wouldn't give us access to the property while we were working with the council, it cost a little bit more probably in the space of $20,000, because it had to be all hand dug with no machine access,” he said.

Following the changes, the Halls received a letter from the council in August 2021 saying the works had been completed and thanked them for their cooperation — but the drama didn’t stop there.

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Neighbours take Halls to court over fence

The couple’s belief the ordeal was “finally over” didn’t last long, Kirsty said, with their neighbours soon after taking them to the Land and Environment Court. They told A Current Affair they did so because the fence “is not constructed correctly”, but declined to comment further.

A letter from the their lawyer claims the legal dispute was “formally resolved” in their clients’ favour “by a judgement handed down on May 2, 2023.”

“The court made orders requiring the Halls to remove the timber sleeper retaining wall and timber dividing fence and to replace it with a structurally sound timber sleeper retaining wall and dividing fence and install adequate drainage measures,” the statement reads.

The court also ordered the Halls pay the costs of the proceedings — around $163,000 according to an open letter sent to the Halls.

“It’s a fence. Like $163,000 for a fence is ridiculous,” Jay said.

Couple could be forced to sell home

The Halls, who say they will now be forced to sell their dream home to pay for the legal fees, told ACA the Hills Shire Council is "100 per cent" at fault because the homeowners relied on them to be their “certifier”. The council declined to comment when approached by ACA due to ongoing discussions with those involved.

“You know Jay built the house, I designed it, this was our family home, we were planning on staying here, and now we have no choice but to move,” Kirsty said.

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