Feb 17, 2006 12:27 pm
I share a boundary with my neighbour, 36.6 metres long, for the first 6 metres there is nothing, for the next 9 metres there is part of my neighbours house (mostly garage plus some house, ie double brick, full height wall) and then for the rest of the boundary there is a colorbond 1.8m fence.
My builder tells me (5 days before the footings go down) that I need to remove this fence for at least a month.
Here are some facts about the fence.
1) I did not pay for it, the neighbours have not asked me too (we are on very good terms with each other) and they installed it.
2) They did not install it on the boundary, but purposely moved it 3 cm in from the boundary to make it easier for us to build our boundary brick walls. We didnt ask them to do this, they volunteered and did it of their own free choice
3) They have a large dog that needs to be fenced in during the day.
They refuse to give permission for anyone to touch, remove or otherwise dismantle the fence, and I SUPPORT THEM (this is not a neighbour fencing dispute). The builder insists the fence must go, but fails to see my point went I ask them why they have not asked me to remove the neighbours garage, since that wall IS on the boundary and ifthe fence is in the ay then the brick wall must be too
The builder is now sending a surveyor out to the site to determine whether or not the fence is actually on the boundary or inside it (my word isn't good enough, nor is the fact that if you just looked at it you could tell - it joins to the garage wall 3 cm in from the outside of the garage wall). This survey will take 4-5 days (what?!) delaying the footings and the slab.
Can anyone tell me why the fence MUST be removed? I know the footings and slab are going to be close to the fence, but they are a lot closer to the brick wall. Surely it is possible to lay the footins and slab next to the fence?
And comments are most appreciated.
Re: Why is the fence in the way?2
Feb 17, 2006 7:06 pm
I hope that the builder is paying for the surveyor as it is quite clear from the Act that a fence IS a dividing fence whether it's on the boundary or not as long as it performs the function of dividing the properties and is sufficient for its purpose. I'm not a lawyer so you can read all about here:
Click on the link to "booklet" and read all about it.
As for the footings; hasn't the builder explained why they need the space? Bear in mind that most slabs will require piering to even bearing and they will need to drill the pier holes so will need a bit of space to do it. Perhaps the engineer has catered for the fact that the slab will lie adjacent to the existing wall! Ask the builder to explain in a logical way why they need the fence removed, take notes and ask your independant building inspector to verify the logic.
Re: Why is the fence in the way?3
Mar 03, 2006 4:31 pm
In reply to my initial question as to why my fence was in the way (see the first post), the answer has finally come back to be
Yeap, that’s right, the fence is no longer apparently in the way and my footings and slab will be laid next week, without anyone having to touch or move the fence.
My blog (in signature) details the episode further, but in short once the Regional Building Manager went out to look at my block (a whole 10min journey from the head office) he booked the concreter in for next week.
And that was after two supervisors both told me that I had to move the fence, even going to the extent of paying a surveyor to go out to the block to survey the fence lines.
I feel much happier now!
Stress Factor: lowered.
I hope that the builder is paying for the surveyor as it is quite clear from the Act that a fence IS a dividing fence whether it's on the boundary or not as long as it performs the function of dividing the properties and is sufficient for its purpose.
Thanks issitoq for replying (sorry I took so long to reply in turn). That the fence was a boundary fence was never an issue, I never disputed the fact and referred to it in my emails to the building company as a boundary fence. What was at issue was the constant assertion that the fence was in the way.
The survey came back showing (even to my untrained eye) that my neighbours garage was 15mm off the boundary line, and that the fence (which extends from behind their garage) stays in line with the garage. But even then the builder still told me to remove the fence, it wasn’t until the Regional Manager actually went out to the site that he decided to agree with what I was saying and more importantly with what the survey was showing him, which was that while the fence is indeed a boundary fence, it is not ON the boundary but is wholly on my neighbours property and not in the way of the footings or wall of my house.
So now all is good (until the next crisis) hehe.
Re: Why is the fence in the way?4
Mar 17, 2006 12:26 pm
Well the footings went down on Monday and the slab went down yesterday and the fence is still in place, is still up and hasnt been touched once, it wasn't even in the way when the footings were laid.
So the final answer to my original question - Why is the fence in the way? is "Its not!"
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