Browse Forums General Discussion 1 May 01, 2009 12:18 pm Hi Everyone, I need your advise as I don't know the 'rules' behind my problem. Straight to the point... my problem is that the neighbours are asking us to pay for our share on the fence. We're not really fussed about paying them, actually we have paid one of the neighbours recently. But then when the other neighbour was speaking to us about the payment, he mentioned that all the neighbours surrounding our block of land asked the previous owner to pay them for this. They even went to the shop of the previous owner to ask him to pay and one of the staff there said that the guy had gone bankrupt so he is not capable to pay for the fence. In short, the previous owner never paid anyone for the fence, he even said the next owner will pay them. Now my question is... should we be informed about this by the real estate agent when we were purchasing the land?? I mean, if I knew that we had to pay for it, I could've asked for a discount! Appreciate your comments before I ring the real estate agent. Re: Outstanding "debt" from previous land owner 2May 01, 2009 12:38 pm Not 100% on this (there is the same topic covered on here if you do a search (someone even posted a link to the regulations regarding this)) but I think it was along the lines of: a. If sourrounding houses around you are vacant, you're required to pay for the entire fence. b. If you buy a house with a fence already erected and you have neighbors. They cannot ask you for payment of the fence. The previous owner is the one who must pay half of the fencing costs. (Otherwise what will stop them asking every single person who buys a block joining there own to pay for the fence and make profit on it). c. If you buy a house and the joining block next to you is owned and / or has a house on it, both are required to pay half. ---------------------------------------- Building the PD Lisbon 24 http://www.porterdavis.com.au/#homeviewer/lisbon/24 Blog of our progress. http://lisbon24.blogspot.com/ Homeone build thread https://forum.homeone.com.au/viewtopic.php?f=31&t=28665 Re: Outstanding "debt" from previous land owner 3May 01, 2009 12:48 pm The conveyancing process would have picked up any previous encumbrances such as late rates, claims by third parties, water rate arrears, etc. If there are no encumbrances you have nothing to pay...the fact that the previous adjacent landholders didn't do more to make the previous owner of you block pay is their bad luck. And if the fence currently in question was built before you settled...again bad luck...they should have claimed it on the previous owner... However, if you want to be neighborly and pay that's you choice... mmm....donuts Homer Simpson 1956- Links: Site Costs Ready Reckoner | H1 Addiction Medical Advice | Château TDL: The Backyard Re: Outstanding "debt" from previous land owner 4May 01, 2009 1:00 pm thanks TimmyDunlop. I was trying to search the forum for a link on the official rules but couldn't find one. But what you explained clarified it for me, at least there's something that would not make me feel guilty about it. I sent a mail to the council to ask the same question, just not sure if they would be able to assist on this though. Re: Outstanding "debt" from previous land owner 5May 01, 2009 1:03 pm hi to_do_list, yeah the conveyancer did not tell us of any... so we thought it was ok. Although I now have a reason for not feeling guilty to not pay them.... there's another part of us that wanted to be neighbourly ... argghhh!!! Re: Outstanding "debt" from previous land owner 6May 01, 2009 1:23 pm raeking They even went to the shop of the previous owner to ask him to pay and one of the staff there said that the guy had gone bankrupt so he is not capable to pay for the fence. In short, the previous owner never paid anyone for the fence, he even said the next owner will pay them You didn't happen you buy this block in Laurimer did you....???? We were looking at a block of land out there.... but though an agent! The guy selling the land was in so much trobule finacially he had 6 extremely large Caviets on the property! And this would have been in the section 32.... thats where i found it! We ran as fast as we could away from this block! Fingers crossed it's not the same one! As NO.... you should have to pay.... if the fences were constructed before you signing on the dotted line they have to hunt him down..... possible add another caviet to his long list of things! Cheers, Kirby xoxo Texas Aston Joe became our world on the 20th December 2007 Pregnant again this time Due on Xmas Day..... We must have a thing with December! Glenn and I are building our dream home..... http://lifeastherichmonddavisclan.blogspot.com/ Re: Outstanding "debt" from previous land owner 7May 01, 2009 1:46 pm "...he even said the next owner will pay them" Some people will fall for anything. The previous owner has responsibility to reimburse the neighbours, and if he really has declared bankruptcy, they're probably going to be left holding the baby. That's their bad luck for not pursuing their legal rights when he still owned the property. Re: Outstanding "debt" from previous land owner 8May 01, 2009 1:53 pm Hi kirbstar23, Luckily this is not the block you mentioned ***relieved. Although the other neighbour said that the previous owner had some other properties in i dunno where... so could be him too... or not . Cheers Re: Outstanding "debt" from previous land owner 9May 01, 2009 2:17 pm Hi Kek I know what you mean... and we almost fell for the trap too. Good thing there's this forum! Thanks guys! Dont know how hard they pursued it but they went to the guy's shop which I believe is quite a distance really... well the neighbour speaking to us seems quite nice. he said last night if we didn't want to pay that's alright. i guess he knows deep down that we are not really liable to pay so he's not forcing. Re: Outstanding "debt" from previous land owner 10May 01, 2009 4:18 pm raeking Hi Kek I know what you mean... and we almost fell for the trap too. Good thing there's this forum! Thanks guys! Dont know how hard they pursued it but they went to the guy's shop which I believe is quite a distance really... well the neighbour speaking to us seems quite nice. he said last night if we didn't want to pay that's alright. i guess he knows deep down that we are not really liable to pay so he's not forcing. You can't really blame him for trying though 'A bottle of wine contains more philosophy than all the books in the world.' Louis Pasteur Vegie garden: viewtopic.php?f=19&t=27637&start=0 My Backyard Adventure Re: Outstanding "debt" from previous land owner 12May 01, 2009 8:25 pm As much as you want to be a good neighbour, I wouldn't want to pay for a fence that should have been paid for by the previous owners. I want to be on good terms with my neighbours, but not that much! I just had my one boundary side fence put up, the other side and the back were already there. I always intended to pay the neighbours when they asked for the money. I haven't even moved in yet and my neighbour saw me at the house yesterday and came over to give me the invoice! Geeeeez...at least let me move in! Built with Commodore Homes - The Fusion completed April 2009 (with modifications) Yes I have moved! Will update as soon as I can...no internet at home right now!!! Sooty's House - viewtopic.php?f=31&t=19462 Re: Outstanding "debt" from previous land owner 13May 01, 2009 9:42 pm raeking Hi Everyone, I need your advise as I don't know the 'rules' behind my problem. Straight to the point... my problem is that the neighbours are asking us to pay for our share on the fence. We're not really fussed about paying them, actually we have paid one of the neighbours recently. But then when the other neighbour was speaking to us about the payment, he mentioned that all the neighbours surrounding our block of land asked the previous owner to pay them for this. They even went to the shop of the previous owner to ask him to pay and one of the staff there said that the guy had gone bankrupt so he is not capable to pay for the fence. In short, the previous owner never paid anyone for the fence, he even said the next owner will pay them. Now my question is... should we be informed about this by the real estate agent when we were purchasing the land?? I mean, if I knew that we had to pay for it, I could've asked for a discount! Appreciate your comments before I ring the real estate agent. as a neighbour you can put an encumbrance on a piece of land if the previous owners haven't paid their share of fencing. so the new owners/buyers are aware. but it still comes down to the previous people paying it. Re: Outstanding "debt" from previous land owner 14May 01, 2009 9:44 pm sooty As much as you want to be a good neighbour, I wouldn't want to pay for a fence that should have been paid for by the previous owners. I want to be on good terms with my neighbours, but not that much! I just had my one boundary side fence put up, the other side and the back were already there. I always intended to pay the neighbours when they asked for the money. I haven't even moved in yet and my neighbour saw me at the house yesterday and came over to give me the invoice! Geeeeez...at least let me move in! IN WA ONCE YOU ARE AT PLATE HEIGHT. THAT'S BRICKS FINISHED, YOU CAN BE SERVED WITH THE INVOICE. oops sorry about the capitals. no point editing since I've already been quoted. Blog http://wherethehearthis.blogspot.com/ Build https://forum.homeone.com.au/viewtopic.php?t=6634: Yard https://forum.homeone.com.au/viewtopic.php?f=19&t=27687&p=378401#p378401 Re: Outstanding "debt" from previous land owner 15May 02, 2009 2:46 pm kexkez sooty As much as you want to be a good neighbour, I wouldn't want to pay for a fence that should have been paid for by the previous owners. I want to be on good terms with my neighbours, but not that much! I just had my one boundary side fence put up, the other side and the back were already there. I always intended to pay the neighbours when they asked for the money. I haven't even moved in yet and my neighbour saw me at the house yesterday and came over to give me the invoice! Geeeeez...at least let me move in! IN WA ONCE YOU ARE AT PLATE HEIGHT. THAT'S BRICKS FINISHED, YOU CAN BE SERVED WITH THE INVOICE. Fine if that's the law, but I know I would wait until my neighbours had at least moved in before I asked for the money. Built with Commodore Homes - The Fusion completed April 2009 (with modifications) Yes I have moved! Will update as soon as I can...no internet at home right now!!! Sooty's House - viewtopic.php?f=31&t=19462 Re: Outstanding "debt" from previous land owner 16May 02, 2009 5:09 pm Yeah I'm hanging out for payment on half of one side of our fence, the roof on the house has just been finished but I was thinking it would be neighborly of me to let the owners get the house finished, move in and settle in a bit before I go marching over with a bill for $1200.. Re: Outstanding "debt" from previous land owner 17May 02, 2009 5:11 pm Although, having said that I was wondering if it would be better to give it to them now, and say I'm not in a hurry, some time in the next - say 3 months- would be nice. Just so they know how much they are actually going to owe and can budget for it. Re: Outstanding "debt" from previous land owner 18May 02, 2009 5:16 pm is that $1200 for one side of a fence? ---------------------------------------- Building the PD Lisbon 24 http://www.porterdavis.com.au/#homeviewer/lisbon/24 Blog of our progress. http://lisbon24.blogspot.com/ Homeone build thread https://forum.homeone.com.au/viewtopic.php?f=31&t=28665 Re: Outstanding "debt" from previous land owner 19May 02, 2009 5:31 pm sooty kexkez IN WA ONCE YOU ARE AT PLATE HEIGHT. THAT'S BRICKS FINISHED, YOU CAN BE SERVED WITH THE INVOICE. Fine if that's the law, but I know I would wait until my neighbours had at least moved in before I asked for the money. What if they don't move in for months or years? Or not at all? It's not reasonable to expect one party to carry the cost till the other gets around to building (or moving in). If you have vacant land bordering your property, the owner is still liable to pay for half the fencing, even if they never intend to build on the land. After all, it's an improvement to the property, and in theory should add value. Having the developer provide fencing was one huge selling point for our block - not just because of the cost saving (I doubt there actually was one...I'm sure it was built into the price ) but because of the lack of hassles we had with our five neighbours. Once the house was almost finished, the fences went up, with no payment required from anyone. Re: Outstanding "debt" from previous land owner 20May 02, 2009 6:12 pm My back neighbour sent me a bill for $1200 for my share of the fencing approx. 2 weeks after the fence was erected and before I have moved in. He sent me the original invoice and he had three quotes, as I was happy with the fence I paid him promptly. My neighbour phoned and thanked me for paying so quickly and I appreciated that. 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