Browse Forums General Discussion 1 Mar 25, 2011 7:14 pm Hi All, A question regarding fence costs and neighbours - Our neighbour has matter-of-factly informed us that she won't be paying any costs associated with the erection of a new fence (we're building next door to her). Once the fence goes up, however, ownership will be 50/50 and if one day we decide to change it or do something with it, we'll still have to ask her for permission/agreement, yet we'll be the ones covering 100% of the fence costs! So we're paying for it all, yet she'll have the pleasure of having a brand new fence, too. She's already picky about the type of fence we'll put there, but wants nothing to do with paying for it!!! I don't want any troubles with our neighbours, but seems to me unfair that we'll be paying all the fence costs, while she wants nothing to do with it. I suppose I can go through the legit process, whereby we request 50% of the fence costs by serving them with a "Notice of intention to erect a fence", but I just know she'll create more problems for us and the outcome will more than likely be unpleasant and negative for us. Any suggestions from more experienced people out there? Greatly appreciated! Re: Fence costs and neighbours 2Mar 25, 2011 7:38 pm how absolutely bizarre!!! did she explain why she won't be contributing anything towards the cost of a new fence??? I think I would be saying that unless she wants to pay for it she can't be choosing anything. I think *I* would be the one being unpleasant and negative if she was acting like that towards me! I think you are being far too nice about it all. serve her with your fencing notice, pronto! "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: Fence costs and neighbours 3Mar 25, 2011 7:50 pm She's from the T-Rex era, so I'm afraid she'll have a coronary if we ask her for half the costs. I don't think she'll pay, anyway, so I don't know how helpful and useful the process will be. I have a feeling it'll be a waste of our time and efforts and it'll only put more of a strain on our relations with her already. I want half the costs shared, but I know she'll make it hard for us and won't pay. It could then reach the Civil Court or Small Claims Court, and all for about $1,000 or so. Well... $1,000 is $1,000, but we'll see more grief from her (and the entire family!) than what $1,000 is worth! I guess my concern is whether it's all worth it and if it's worth going down that road, knowing we'll have problems with getting money from her. Re: Fence costs and neighbours 4Mar 25, 2011 7:56 pm I'd take it further. I am not sure what state you are in. The Magistrates' Court deals with disputes under the Fences Act 1968 concerning both the repair of existing fences and the construction of new fences. Go down the process and see how effective it is. Tell her that is what you will be doing. http://www.fencingonline.com.au/dispute ... ice-02.htm Is it for a brand new fence? She can't have a fence and expect not to pay a cent. What are her reasons for not contributing? Re: Fence costs and neighbours 5Mar 25, 2011 7:57 pm I guess if you are happy to pay it all yourself and it is more trouble than it's worth then just do it. But don't let her choose anything about the fence! If things are going to be funny between you anyway then you might as well have the fence you want, if you are paying for it. don't pander to her any more than you are already by paying for the fence, is my advice. "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: Fence costs and neighbours 6Mar 25, 2011 7:58 pm Hi The_Matriarch, Are you putting up a brand new fence where there currently is no fence, or replacing an existing fence? I'm not sure where you are building, but where I am if you choose to pull down and existing fence that is in "reasonable condition" then 100% of the costs must be covered by you. However if it is a brand new fence, she must go 50/50. As for whether it's worth fighting for the money, that depends on whether it is worth it to you. Only you can weigh up if $1000 is important enough to take out the time to go to court and the added stress on you. Re: Fence costs and neighbours 8Mar 25, 2011 8:02 pm It's a brand new fence. The old one had to be removed - was very old, rusty and useless. Her reasons for not wanting to contribute are because: a) she just doesn't want to pay and b) her logic is that because we're building, we should be paying for any costs associated with fences, too. I'm in SA. Re: Fence costs and neighbours 9Mar 25, 2011 8:09 pm The_Matriarch It's a brand new fence. The old one had to be removed - was very old, rusty and useless. Her reasons for not wanting to contribute are because: a) she just doesn't want to pay and b) her logic is that because we're building, we should be paying for any costs associated with fences, too. I'm in SA. What do you mean by "had to be removed". Did you remove it without asking your neighbour? Re: Fence costs and neighbours 10Mar 25, 2011 8:13 pm The fence was removed because it had to be removed. She was informed of it (why it had to be done, when, etc.) and verbally agreed to it. Re: Fence costs and neighbours 11Mar 25, 2011 8:22 pm The_Matriarch
If you want suggestions from posters, you may want to give a bit more detail. Obviously up to you, but your post suggests you advised her the fence had to go, she reluctantly agreed and now you expect her to pay half for a new fence. Which could be unreasonable. But without any detail, it is hard to tell.................. Re: Fence costs and neighbours 12Mar 25, 2011 8:22 pm The_Matriarch If you want suggestions from posters, you may want to give a bit more detail. Obviously up to you, but your post suggests you advised here the fence had to go, she reluctantly agreed and now you expect here to pay half for a new fence. Which could be unreasonable. But without any detail, it is hard to tell.................. Fence costs and neighbours 13Mar 25, 2011 8:24 pm But was she under the impression it was being reinstalled? Ie when we built we needed a retaining wall. We had to remove the existing chain mail fence (next door has there for forty years). We removed it then once the house wS finished it was replaced at our expense. Just because it was rusty doesn't necessarily mean it was ready for the scrap. Some things are worth waiting for. Re: Fence costs and neighbours 15Mar 25, 2011 8:32 pm She didn't "reluctantly" agree. The fence was very old, rusty, had almost fallen over (was no longer doing its proper fencing job), and she was informed that, due to the new construction on the site, it had to go. She agreed to it (not reluctantly, although she didn't care if the old fence had stayed or been removed), arguing it's entirely our cost, as we're the ones who decided to build. I can see her point of view, but I'm also looking at this from my point of view, thinking it's completely unfair for her to have demands on what type of fence should be erected, so we can keep the peace, yet have no intention of contributing to its cost. Re: Fence costs and neighbours 16Mar 25, 2011 8:45 pm Kyton is spot on,in your opinion it was not doing it's job.It's a hard call when there is an existing fence very hard to prove it needs replacing.At least you can choose what style you want,good luck Re: Fence costs and neighbours 17Mar 25, 2011 9:22 pm hmm a touchy topic, we've been best friends with our neighbour ever since we put up our new fence.. NOT Anyway, it looks like you won't be inviting them over for the housewarming anyway, I don't think you should stress too much about keeping a good relationship with them. If you try to think from their perspective, they were probably happy with the old falling apart fence, if they are from the t-rex era, they probably don't need an extra expense like that. The fence was pulled down because you had to build, not because they needed a new fence. On the other hand, if they are not paying, they have no right to be picky imo, don't approach it liek you are asking their permission, but rather, notifying them this is what is going to be built and when. If they are unhappy about that, they can take it to court (passing the legal cost to them ), who knows, maybe this way you could get 50% of the costs back once it's in court Good luck Re: Fence costs and neighbours 18Mar 25, 2011 9:29 pm We had to pull down a termite riddled fence in qld, we served the neighbour with Notice of intent with 3 quotes prior to the old fence being pulled down even thoough the nieghbour had verbally agreed. If you are happy to pay all the cost just put up the fence you want if she wants a say let her know that she will have to foot 50% of the cost. But whatever you intend to do still serve a notice of intent with quotes so you are legally covered. 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: Fence costs and neighbours 19Mar 25, 2011 9:49 pm We have had similar fence issues in SA with a neighbour claiming they wanted no part of any costs for the replacement of a 40-50 year old fence that was falling over. As they were from the T-Rex era ( they had lived there for 50 years) their contribution was $600 and I could not be bothered arguing about it. As it had to be replaced I served them with the appropriate notice under the Fences Act but left their contribution blank and advised them they could contribute anything between $0 and $600 and it was entirely up to them but when considering their contribution to consider the improved quality of the fence and continuing good neighbourly relations. They were quite chuffed at the approach that we had not tried to enforce the full $600 on them and readily agreed to $300 instead of $600 ( which put me $300 up on the $0 they had agreed to previously). Crow Slab Down: 2/6/11 Moved in 13/3/2012 Current Status : Waiting for the garden to grow. My build thread : viewtopic.php?f=31&t=47031 Re: Fence costs and neighbours 20Mar 26, 2011 4:58 am I totally get your situation. We have bought an old house with a 40 year old fence. Currently it is held up ON OUR SIDE by wire and steel pickets. Our pool goes in on Monday and there is no adequate side fence. Our neighbour, who is lovely, says we don't need a new fence as I think she doesn't want to spend the money, justifiably. However, it is a retaining wall divider fence and is going to cost $1000's!! I have been looking into regulations and they somewhat state that whoever has to retain their land pays unless the other property cut into the land. This makes it confusing for us because we have to retain and they cut in! I am not sure where to go but in all likely hood, I am going to go with the contribute a certain amount approach rather than half - just to maintain neighbourly relations. HOWEVER - I will be choosing the fence! Good luck it depends on the natural ground level, if they excavated their boundary wall needed to be built as a retaining wall. If you filled, which sounds like the case then you… 1 7074 The only thing to add to these comments is that where possible it's always good to try and work with people than just say "no" because you can. Having someone… 4 17097 4 11183 |