Man gives Aussie neighbour bill for 17-year-old fence: 'Is this a joke?'

An Australian man has sparked a debate after handing his new neighbour a $506 bill for a fence that was constructed 17 years ago.

Shannon Spencer, who moved into her new build house in Yanchep, Perth, in February said she was stunned when the man recently popped over, not to say hello, but to ask her to fork out the cash.

“My neighbour from behind me has come around and given me an invoice and a letter requesting payment for the rear fence that was built in 2005,” she told ABC Radio Perth on Thursday.

Ms Spencer said she initially asked the man if he was joking, but he responded that “all the other neighbours had paid him for the fence” and she was “the last one”. “The fence is rusted, it’s a different colour to all the rest of the fences, it’s not even the same height, it’s only 1500mm high instead of 1800mm high,” she said.

Ms Spencer explained that the block had been empty before she constructed her home and the $506 total is half of what her neighbour paid to have the fence installed initially. “It’s not a huge amount but it’s just the fact that the fence has been there for 17 years and he’s held onto the receipt in his hot little hand for 17 years waiting for the perfect time to come hand it over,” she said.

Under the WA Dividing Fences Act 1961, Ms Spencer said she understands that she’s legally required to pay for half the value of the fence but is contemplating disputing the amount given the structure has depreciated and is “not in good condition”.

Lawyer responds to fence debate

Lawyer Johnson Kitto, who is a frequent guest on the radio station, later explained that once a dwelling or structure is constructed on a block of land, it triggers the owner’s liability under the Dividing Fences Act. “And our poor correspondent has gone and done just that,” he said when approached about Ms Spencer’s experience.

Mr Kitto said she is within her “legal and moral rights” to request to pay 80 per cent of the bill given the fence might need to be replaced in the next few years, however he doesn’t recommend it.

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“The best advice I can give her is to simply pay it. I wouldn’t try to negotiate with him. It’s a relatively small amount. Life is worth more than $500 and haggling over neighbourhood fences over that,” he said. “I’d just pay it. The law is on his side, as much as it pains me to say, and he is entitled to half the cost of the construction back then.

“She’s getting the benefit because if he built the damn thing today it would prob be three or four times that amount.”

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