Joined: 25 Feb 2013 Posts: 247 Location: South Australia
i have had a bit of a read of the fencing laws/act for SA but i dont fully understand all of it.
we are building a newish estate, if our neighbours(2x sides and 1xback) have already erected the fencing before we move in and have not given us the 30 days notice or contacted us do we have to legally pay them half?
Joined: 12 Feb 2011 Posts: 119 Location: S.E. Melbourne
I don't know fencing law in SA, but consider if saving the fencing cost because they forgot to get all the ducks in a perfect row worth the possible bad relationship it could cause. Neighbours who at least have neutral feelings towards you are -much- easier to live with than neighbours who think poorly of you.
That is our understanding as well, as my sons block has fencing on 2 sides so far and luckily the same colour too!!!. He has been in contact with the Land Sellers and they have had no notification from either one. He has offered the contacts for them but nothing has been received from him. BUT the neighbour on the right hand side has actually built his fence all the way to the front of his block and one of the conditions of the Estate is your garage has to form part of the boundary. Scott and his future Father in law has approached the neighbour about the fence, as the land is now Scotts and they will be starting to build in the next month or so. The neighbour seemed really reasonable about it and they have come to an agreement where Scott will pay half of the fence (the neighbour said he will send him a copy of the original invoice but so far a month later nothing has been sent) and Scott will retain the panels that have to be removed. This is a great outcome for Scott as this will go along the back fence with only a few more to buy. My advice though would have been to get it in writing though but I wasn't there. The neighbour on the left he has not heard from. Scott wants to have a good rapport with his neighbour so that is why they offered to pay half even though they aren't legally required to. But nothing has happened so far so who knows exactly how it is going to turn out. He is more worried about the fence on the boundary and removing the panels if it all turns sour. Good luck with your fence.
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