澳洲Australia property Neighbours refusing to pay for fence | Sy


在澳大利亚 The pool at of an IP needs to be resurfaced (or so the pool doctor says), the cost was estimated to be $10K ($10,000), after recoverying from my impresssion of a cat coughing up a fur ball, it just seems far too much. Its just a standard poo I need some advice regarding a property purchase. Property - semi-detached house Bedrooms - 2 Condition - average needs internal reno to modernise Street - one of the best in suburb Location - excellent Close to schools - yes Transport - 50m


Hi Guys.

I live in a property which has the original picket fence, dating back to 1958.

The posts are all rotted out, one post is missing completely, and the whole schebang looks like it could fall over at any minute.

I have spoken to the neighbour about replacing it, and they aren't willing to chip in towards it. Their reasoning is, "there is a fence there, we aren't replacing it".

It is going to cost around two grand to replace.

Where do I stand? Do I have to fork out for the whole thing myself?  

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If you want a new fence and civil neighbours yes.
If you dont care about civility there is probably an arbitration scheme you can get reffered to by council which will help sort them out, and it will be a long and ardous process.  

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Here is a helpful guide relating to NSW legilsation. You will find legilsation is very similar throughout Australia however should refer to your states legilsation to check.

http://www.law4u.com.au/cgi-bin/factsheet_right.asp?article_id=421  

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iookpa said: ↑
Hi Guys.

I live in a property which has the original picket fence, dating back to 1958.

The posts are all rotted out, one post is missing completely, and the whole schebang looks like it could fall over at any minute.

I have spoken to the neighbour about replacing it, and they aren't willing to chip in towards it. Their reasoning is, "there is a fence there, we aren't replacing it".

It is going to cost around two grand to replace.

Where do I stand? Do I have to fork out for the whole thing myself?Click to expand...
No do not fork out for the whole fence. Your neighbour is jointly reponsible.
Usually it never gets to court after you issue them with a "Notice to fence" with quotes.

http://www.lawhandbook.org.au/handbook/ch10s02s05.php
http://www.fencingonline.com.au/disputes/victoria.htm  

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before getting to 'notice to fence' and courts ... maybe try out the Dispute Resolution Advisory Service (http://www.justice.vic.gov.au/wps/w...justice+-+dispute+resolution+advisory+service). If you ask them for a "Mediation" then it might even "help" your neighbour to understand that you are willing to goto courts if needed.

good luck  

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What if the fence were to 'fall over' (assisted) during one of those really windy nights...then there is no more fence & maybe they will agree to replace?

;)  

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Tangentially related to this topic I have my own situation:

I'm currently building and none of the blocks of land on my boundaries have been sold, so my build will be complete some time before I even see any neighbours. Is there any foreseeable issue with me erecting my fences when build is complete and then issuing the neighbours with half of costs later on? The style and colour isn't an issue as it is within a community title estate so this is a by-law requiring this particularly type.  

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CJP

Yes

Most likely in your contract of sale to purchase block of land states that owner of subdivision adjoining blocks are not liable to pay for fence.

If on the other hand individuals own adjoining blocks of land - approach first and ask re fence.

Google Dividing Fences Act for your state or check on department of Fair Trading in your state.


My recent personal experiences with side and back boundary fences..

1. Letter sent, phone call discussion & agreement, bill paid
2. We paid our half (this is a separte side boundary)
3. Letter sent, meeting, neighbour signed to pay half and did not, tried Letter of Demand, Community Mediation, Small Claims Court ( Hearing yet to be held) Owner of house has moved and has house for sale. Doubt we will see the $
4. Letter sent, phone call to discuss & agree, we sent bill for half they paid
5. We are waiting until they build.
6. We sent letter to discuss fence - heard nothing back - which suits us as we can come across their back yard to enter our property. :)
7. Fence was up when we brought property and have not been asked for anything.


Fences are a 'lucky dip' there are laws but they are weak and take ages to even get a small claim hearing.


Sheryn  

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CJProperty said: ↑
I'm currently building and none of the blocks of land on my boundaries have been sold, so my build will be complete some time before I even see any neighbours.Click to expand...
Usually in most contracts of sale in new land estates there will be a clause that says someting along the lines of "the developer will not share the cost of fencing". This prevents people like yourself hitting the "owner" of the neighbouring blocks up for 1/2 the fencing.

CJProperty said: ↑
Is there any foreseeable issue with me erecting my fences when build is complete and then issuing the neighbours with half of costs later on?Click to expand...
YES. You'll have to wait until they purchase if you want them to share 1/2. A new purchaser with a fence in situ is not obliged to share 1/2 your back dated costs - they get it free.  

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Thanks for the speedy reply guys. What an akward situation, wherein my house cannot have any real privacy until I either pay up, or wait it out. The main issue for myself was the fact that I have a dog. Bah. :mad:  

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CJProperty said: ↑
Tangentially related to this topic I have my own situation:

I'm currently building and none of the blocks of land on my boundaries have been sold, so my build will be complete some time before I even see any neighbours. Is there any foreseeable issue with me erecting my fences when build is complete and then issuing the neighbours with half of costs later on? The style and colour isn't an issue as it is within a community title estate so this is a by-law requiring this particularly type.Click to expand...
CJP,
I was in your situation many years ago. I ended up sending proper/legit 'notice to fence' to the council provided owners of the adjoining blocks (it was a builder/Henley Properties on the left; and the development company Peet for the 2 unsold lots on right + back). They all accepted and coughed up 1/2 each.
Talk to your council. In my case the council mentioned "who" owned the block didn't matter.
Funnily enough they all registered their share of the costs as convenants on their own respective blocks/titles; and discharged them when the costs were recovered from the new owners.

good luck

addendum: the above may not work if your paperwork/contract of sale stipulated something along the lines of "the developer will not share the cost of fencing" ... as stated by propertunity above. I would recommend checking your paperwork for any such clause. (mine didn't have this)  

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Tongue in cheek :p

1. Get rid of dog :eek:

2. Plant a hedge (which is classed as a fence anyway)

3. If cannot live wihout dog buy a runner lead.

4. Do what tenants do and lock dog in laundry or garage while you are at work and let out to run around house when you are home.

5. Privacy - you have it in spades as you have no neighbours as yet. :D


Cheers
Sheryn  

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Oh, you have a dog.

Legislation requires that your dog must be '...securely confined to your premises...'

Perhaps you can put it all back on the Council as the 'bad' guys & advise your neighbour that the Council is about to fine you as your fence is not good enough to contain your dog & you both need to rectify the fence issue asap?  

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mary&mat said: ↑
Oh, you have a dog.

Legislation requires that your dog must be '...securely confined to your premises...'

Perhaps you can put it all back on the Council as the 'bad' guys & advise your neighbour that the Council is about to fine you as your fence is not good enough to contain your dog & you both need to rectify the fence issue asap?Click to expand...
iookpa has the neighbours but no dog, CJP has the dog but no neighbours.

iookpa, I would just make sure the fence falls over or nearly falls over on your neighbours side during the next storm.When they ask you about it just tell them you thought it was in pretty bad condition and you're not surprised.  

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This is completely non relevant to your query, but something I thought interesting.

In Australia, as mentioned already, each neighbour is responsible for half the cost of a fence.

In England, when we bought many years ago, the contract stated which shared fences were completely our responsibility, and which fences were the responsibility of the neighbour.

Fortunately, the hedge was ours, and the shaky paling fence was next door's.  

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.

API had an article about this and the different options you have just last month I think it was.
Good luck getting it resolved  

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Neighbours response

I had a similar response to a fencing request but after about 12 months the neighbour agreed to a new fence.
I think sometimes the shock of the expense for a new fence gets the response and if you can give them 12 months notice they might be more responsive to a fencing request.

Where I am living my neighbour replaced the posts rather than the whole fence and I paid half the cost of the posts.
as the rest of the fence was ok.  

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I've sent a letter to my neighbour, along with a quote from a fencing contractor and photos showing broken and rotted posts.

They have sent a letter back, refusing to pay their half.

If I do have to take them to court, can I recover my own court costs?  

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iookpa said: ↑
I've sent a letter to my neighbour, along with a quote from a fencing contractor and photos showing broken and rotted posts.

They have sent a letter back, refusing to pay their half.

If I do have to take them to court, can I recover my own court costs?Click to expand...
You’re taking your neighbour to court for not being able to afford a new fence?
Why don’t you just pay for it yourself if it’s that important.  

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to clarify, you shouldn't even have to GO to court. google fencing disputes in your state and you'll see the appropriate action to take.

the neighbour is responsible for half the cost of a minimum standard fence, not any old fence. if you want a brick fence, and the cheapest is a timberlap, then they only have to meet the cost of half the timberlap and the rest is borne by yourself.

a fence that has pickets missing may only require that pickets be replaced. if it is structurally sound but looks a little dilapidated then sorry, that's a minimum standard fence. a "fix and paint" would be a bucket load cheaper than replacing.

look at what's there.  

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