Hi.
We moved to new dream house in Alamanda Estate, Point cook in early April '10. At the time, ours was the last house on the sub-division with an untitled block on one side of our property. For safety reasons, we had to proceed with building the fence paying the total amount to a fencing company. At the time of construction of the fence, the adjoining block was in the middle of the purchase process with the buyer making their 10-20% deposit to the land sales office. The developers had a clear condition in the land contract where-in they declared themselves as not liable to share the fence costs. The block eventually titled in May '10. Our new neighbor, who is now in the middle of their house construction...is refusing to pay their share citing an exception clause (advised by the estate management personnel) unless we establish the fact (through the estate or other parties) that they are liable to bear half share. Is this fair? What does the Victorian law say about this? Can someone please suggest a way to approach this?
Thanks in advance.