Browse Forums General Discussion 1 Oct 08, 2009 10:41 am I was hoping someone could help point us in the right direction. The scenario is that we were required to put retaining in on part of the boundary as on one side, the boundary wall was crumbling, and there was no boundary on the other side (it's an older area, around the 80s, and retaining was not compulsory like it is now). To save money, we wanted to take part of the old fence down (which was hardiflex) and put it back up after the retaining was done. But in the storms Perth had early last month, it was destroyed while it was sitting there to be put up again after the retaining was installed. This was because the hardiflex was very old and brittle. It was cracking in some parts. Instead of buying new hardiflex for part of the fence, we would like to see if the neighbours would like colorbond fencing along the entire length of the wall as it will last longer. It's very long though - around 34m on both sides, so it's going to be expensive. We can't afford this by ourselves. What do we need to do to get in touch with them for this? And if we put it up, are they required to contribute? Also, if they do not want the colorbond fencing, and we just replace the broken hardiflex panels, will they be required to contribute? As the hardiflex was very old and brittle, and also falling apart in some parts prior to getting taken down. Also, how do we get the neighbours information? I have been hunting around on the council's website (City of Wanneroo) and trying searching via Google too but no luck. We're first home buyers and builder so have no idea how to approach it. And because it wasn't blown over in a storm (although technically destroyed in a storm), our parents are unsure either where we stand. And also, what price are we looking at for a total of around 68m of Colorbond? Even if you can share your fencing experience that will be helpful and we have NO idea!!! PS. We are also paying for the retaining ourselves, so the neighbours have already saved there. And the houses around us are rentals that are not that flash, so I don't think the landlords care about them that much, and I don't know how to find them as they don't live there.... Re: Unique Fencing Problem - Any Help? 2Oct 08, 2009 5:29 pm Hey, I was just trying to find info on fences off my council website yesterday, and they direct you to this site http://www.buildingcommission.wa.gov.au/bid/Dividing_Fences.aspx It has links to a brochure on dividing fences, as well as the dividing fences act 1961. From what I was reading yesterday, they would at least be liable for half the repair costs, but whether or not they have to pay for half a new fence seems to depend on whether the current fence meets your councils definition of a 'sufficient fence'. I don't have any actual experience with fences yet either, but the brochure seemed to cover most things, and I'm sure the act would go into more detail. Re: Unique Fencing Problem - Any Help? 3Oct 08, 2009 5:39 pm Owners of the home are liable for half the fences costs IF they were aproached before the removal of the old fence, why did you remove the fence without their permission first and discussing what they wanted to do??? They may just say to you that you pulled it down, you fix it, especially considering they are rental propertys. Building Thread viewtopic.php?f=31&t=13002 Site start: 8th July 2009 Handover: 11/12/2009! 5 months total build time. 40 sqs of luxuary...Bliss! Re: Unique Fencing Problem - Any Help? 4Oct 09, 2009 9:09 am pinkfairymagic Owners of the home are liable for half the fences costs IF they were aproached before the removal of the old fence, why did you remove the fence without their permission first and discussing what they wanted to do??? They may just say to you that you pulled it down, you fix it, especially considering they are rental propertys. We were going to put the old fence back up. We never thought the entire thing would break. And technically, the builder was taking it down, not us. Re: Unique Fencing Problem - Any Help? 5Oct 09, 2009 9:30 am Kash Hey, I was just trying to find info on fences off my council website yesterday, and they direct you to this site http://www.buildingcommission.wa.gov.au/bid/Dividing_Fences.aspx It has links to a brochure on dividing fences, as well as the dividing fences act 1961. From what I was reading yesterday, they would at least be liable for half the repair costs, but whether or not they have to pay for half a new fence seems to depend on whether the current fence meets your councils definition of a 'sufficient fence'. I don't have any actual experience with fences yet either, but the brochure seemed to cover most things, and I'm sure the act would go into more detail. That brochure is so helpful! Thank you for that. We come under the category that we damaged the fence. However, I don't know it if was neglect as the storm broke up the fencing, it was carefully laid out for putting up again (apart from the few panels that were already broken) and if the storm never came, it would've been put up again with the broken panels replaced.... I'm a bit confused about the brochure as one part says they don't have to contribute due to fire or a falling branch only, and another if it's neglect........ Quote: The Act only recognises a limited set of circumstances where an adjoining owner or owners who are at ‘fault’ are bound to repair or renew a dividing fence at their cost. These are where the dividing fence is damaged or destroyed in whole or in part by fire, or by the falling of any tree (or portion thereof). An element of neglect on the part of the adjoining owner or owners from whose land the fire originated or the tree fell must also be evident. For all other fence damage the adjoining owners are liable to join in and contribute in equal proportions to the repairs. Quote: As a general rule, each of the adjoining owners must pay half the cost of repairs unless the adjoining owners agree to an alternative arrangement or the court rules differently. The Act provides for specific situations when one owner who is ‘at fault’ pays the whole cost. These specific situations are where the fence is damaged by fire or by the falling of a tree, or part of it. There must be an element of neglect by the owner at fault in these specific situations. I think I might try calling legal aid and see what they say. Just to see if it's neglect. We have photos of the old, crumbing fence, and still have the builders email to let us know what happened is helpful too. If anyone else has fencing questions, that brochure that Kash pointed me to is excellent!!!! Re: Unique Fencing Problem - Any Help? 6Oct 10, 2009 9:11 am In case anyone is interested, I've spoken to the dividing fences section at the building commission, who said that technically it's storm damage, and most insurance companies will cover that (as he's dealt with others with the same problem) and if not, they still have to pay for half as it is not due to being negligent - we couldn't control the weather and if the rains had never come, it would be back up as intended. Re: Unique Fencing Problem - Any Help? 7Oct 11, 2009 5:20 pm You should be able to contact the owners of the rented properties if you get in touch with your council - the identities of landowners isn't top secret info.... Council can tell you who owns the land and give you names and addresses from their rates records. If your neighbours don't want to pay for an upgrade to Colorbond, they should still be liable for half the cost of a standard fence in your area. Then if you still want Colorbond (and they have no objection to the color or style), you just pay the difference, plus your half. Fences are a PITA. Re: Unique Fencing Problem - Any Help? 8Oct 11, 2009 5:56 pm Thanks Kek. I've got their postal addresses from the council, so I'm drafting up a letter to send to them to let them know what's happened and given them the option of what they want to do before doing the formal notice to fence stuff. Re: Unique Fencing Problem - Any Help? 9Oct 13, 2009 7:14 pm Hopefully they are good neighbours and will help contribute. Otherwise, they are only obliged to contribute to half the cost of a standard 1800mm high 2-3 timber rail & std timber pailing fence. It's all in the planning 2 5840 I don’t think so as the floor area over 300 square meters then it is class 3…. 12 17935 i had the my concreters concrete right up to the fence. I have pits all along my path, so the water tends to drain away from the house and into the pits. There's only one… 7 12767 |