Browse Forums General Discussion 1 Aug 13, 2010 12:35 pm I was suprised to recieve in the mail today a letter from an adjoining nieghbour to seeking to recover half the cost of the fence. You may say this is fair enough but its the time line I am questioning. Fence quoted & built December 2007 We purchases the land June 2008 We started building Oct 2009 Moved in May 2010 We had talked to the neighbours a number of times over the past 18months(we only live around the corner during the build) they moved out in the last month and since have rented the property. As we where not the owners of the land when the fence was built I know that we don't have to pay for half the fence. But do I have to respond to their letter I recieved today or do I just shred it. I just find it all rather strange Cheers Lou http://take2-customdesigndownslope.blogspot.com 07-10-09 omg they have cut the block 14-05-10 we finally have the keys Re: You have to be kidding Do I respond 2Aug 13, 2010 12:41 pm Usually when a fence goes up they consult the owner of the land or wait until the developer sells it. I'm really not sure about you needing to pay half the cost but one would think the time line has been left a bit too long. They had ample time to contact you re: the fence. I would suggest you contact council or look up on yoru council website in regards to fencing. In other words if someone put a fence up on either side of our block and didn't ask ask before and get us to SIGN the quote then I wouldn't be paying for it. Re: You have to be kidding Do I respond 3Aug 13, 2010 12:52 pm Hi Lou, I'm not facing anything similar but I am intrigued by the request and am interested in the outcome. Surely people can't expect new neighbours to pick up half the bill for everything that was done before you even bought the land? However, if it was me, I'd call the neighbour and try to reason as you never know when a good relationship with your neighbour will come in handy. I can't believe there's actually a 'Fencing Act', wonder if there's a 'Neighbours Act' too http://www.austlii.edu.au/cgi-bin/sinod ... ence%22%20) Here's the link if you're interested.. Good luck Jim Re: You have to be kidding Do I respond 4Aug 13, 2010 12:57 pm I don't think you are legally obliged to pay as you did not own the land when the fence was erected. We too are facing the same issue as your neighbour. The land next to us is vacant is not even registered and will not be till at least 2011. We need to fence prior to then and will have to cop it sweet and pay the entire cost overselves. We may be lucky after the land is sold that the new owner will be generous enough to contribute but we're not counting on it. Our developer has added a clause in our contract that we cannot retrieve fencing costs from them if the land is not sold/undeveloped. It's up to you whether you pay but if you value your relationship with your neighbour I do think you should contribute something towards the fence otherwise it's going to make things difficult with your neighbours. Re: You have to be kidding Do I respond 5Aug 13, 2010 1:15 pm I know I don't have to pay for the fence as we did not own the block at the time and a letter for recovery of cost 2.5years later is a bit weird, & we do not care about the relationship with these neighbours as the have been trying to sell the property and have rented because they could not sell. I am unsure whether or not I should to respond to their letter or just shred it. Cheers Lou http://take2-customdesigndownslope.blogspot.com 07-10-09 omg they have cut the block 14-05-10 we finally have the keys Re: You have to be kidding Do I respond 6Aug 13, 2010 1:18 pm I'd be tempted to shred rather than start any dialogue with them (which may turn into an argument). "Your emotions are the slaves to your thoughts, and you are the slave to your emotions." — Elizabeth Gilbert Living in our new house. Currently scaping the land. Re: You have to be kidding Do I respond 7Aug 13, 2010 1:22 pm ah if the relationship with the neighbour is not a factor, then the question should now be.. what letter? never got one.. Re: You have to be kidding Do I respond 8Aug 13, 2010 1:27 pm I see you are in QLD, and it may differ to here in Victoria but for me, two of the blocks of land adjoining my property had not been sold when I moved in so the land developer had to pay for the fence as they were the current owners - there is always a current owner! As you said, you don't need to pay the invoice for the fence - people who owned the land at the time were meant to pay it '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: You have to be kidding Do I respond 11Aug 13, 2010 4:31 pm Hi, That point about the other owner possibly having already obtained half the cost is a good one. You should reply in polite terms, as if he takes action of some sort you should be on record as not having ignored the issue. Just say that your terms of purchase included no adjustments or transfer of liability for a fence from the previous owner of your land, and that therefore his redress ****** with that previous owner, with whom presumably he had negotiated in the past at the time the fence was erected. You could say that if he is contemplating repair of the existing fence at any time you would be pleased to discuss it. This indicates you are aware of the extent of your liability. Cheers Re: You have to be kidding Do I respond 12Aug 13, 2010 4:54 pm If there was money still owing from your property for the fence it should have been noted in the paperwork when you bought the property. I can't remember the word for it. Aren't I helpful Edit: I googled. "The word caveat means beware, and the lodging of a caveat over a property is a way telling anyone who wants to deal with the property to be aware of the fact that someone else's interest already has priority. In other words, a caveat is a written warning to anyone who checks the Certificate of Title of the property that the person who lodged the caveat (known as the "caveator") has an interest in it. The Registrar of Titles cannot deal with the property without first notifying the caveator." http://www.lawyersconveyancing.com.au/caveat.asp Re: You have to be kidding Do I respond 13Aug 13, 2010 5:55 pm In new sub-divisions in Adelaide when one property is built (before the neighboring one) and fenced, its normal once the neighboring property is sold the neighbor sends a letter of demand similar to what you have received. In your case it depends if the previous owner or developer has already paid half (which I doubt) and your new neighbors are trying a con job. I would NOT ignore the letter or you may soon find yourself summonsed to Court for the outstanding debt. I strongly suggest you contact the previous owner/developer and get a copy of any receipt. Pleading ignorance in ANY Court will not help your cause PLUS you will be up for Court costs of around another $250-- $300. Its not a good start with your new neighbors and I suggest you get a copy from your local Council of the Fencing Act because you quite clearly need it. Arfur Re: You have to be kidding Do I respond 14Aug 13, 2010 6:57 pm In Queensland you are protected by the Dividing Fences Act. Which actually doesn't apply in this case, as there was no "Notice to Fence" issued before the fence was built, and even if it was it would have to be to the owner at the time. Only if a "Notice to Fence" is issued does the Divinding Fence Act apply, and it's the Dividing Fence Act which outlines who pays for what. So your neighbour is sweet out of luck. Don't pay a cent, ignore the letter if you want as it has no legal standing. I'm not a lawyer, but I have an unfenced boundary due to my neighbour not wanting to fence his vacant block, and I can't do diddly sqat until I get the QCAT ruling in my favour. 8 months and counting now - but I go to QCAT soon. Paul Re: You have to be kidding Do I respond 15Aug 13, 2010 7:03 pm I've just sent out letters to our new, soon to be neighbours, including fencing quotes i've been chasing. It's a tad daunting when you haven't been through the process before. I thought that in order for your neghbours to share costs, you need to provide quotes and seek their approval before the fence is erected, or they arent liable to pay towards the costs. The quotes I have, the fencer will not go ahead until they are signed by both us, and our respective neighbours. If the fence was erected before you owned the land, I dare say that it shouldn't be your responsibility. Can they provide you with any of the quotes or the fencing contract? Dear J.K. Rowling, Your books are entirely unrealistic. I mean, a ginger kid with two friends? Sincerely, Anonymous Re: You have to be kidding Do I respond 16Aug 13, 2010 7:42 pm Tell your neighbour your not sure if you are obliged to pay. Ask them for evidence that you are required to pay. Let them do the running around to demonstrate that you have an obligation. Demolition August 2009, Construction Started September 2009, Completed December 2010 Re: You have to be kidding Do I respond 17Aug 13, 2010 8:21 pm Casa2 Tell your neighbour your not sure if you are obliged to pay. Ask them for evidence that you are required to pay. Let them do the running around to demonstrate that you have an obligation. That is a good suggestion. Re: You have to be kidding Do I respond 18Aug 13, 2010 8:49 pm that's ridiculous - how do you know they didn't get half the payment from the previous owners of your land and are now just trying to double dip? it's not your concern at all and i would just send a reply saying 'as we were not the owners of the land at the time the fence was erected, we are not liable for the cost. please contact the original owners if you need to recover the costs.' Caz & Co ALL MOVED IN!! Now comes all the hard work-decorating.... [b]Blog: http://cazoraz.blogspot.com/ Settling in Thread: viewtopic.php?f=31&t=36993 Re: You have to be kidding Do I respond 19Aug 13, 2010 9:19 pm cazoraz that's ridiculous - how do you know they didn't get half the payment from the previous owners of your land and are now just trying to double dip? it's not your concern at all and i would just send a reply saying 'as we were not the owners of the land at the time the fence was erected, we are not liable for the cost. please contact the original owners if you need to recover the costs.' I like it. Demolition August 2009, Construction Started September 2009, Completed December 2010 Thanks mate. Yeah good points! Leaning towards Option 3 to get a bit extra space in the cabinets but not going too crazy high (and expensive). Would require a mini… 13 40121 Hi All, I just wanted to close this topic out with an update. 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