Browse Forums General Discussion 1 May 03, 2012 1:14 pm Hi, been doing some hunting and can't really find a definitive answer, or who to even talk too about it. So thought I would try here. I have just bought an established home from a little old lady (don't take settlement for a while). She hasn't done any work on the house for years (understandable) so there is a heap of work for me to do. That's no problem. Part of the problem is the fencing. At the moment, the 2 side fences are the original 70's Asbestos fence. Its in "ok" condition. A couple of panels could be re-screwed on, but other than that its functional. The rear fence is timber paining, and its all but dead. Looking over the fences, the neighbours have sheds, lattice, vines, etc. etc. all over the fences. I'm also assuming the neighbours are quite old too judging on their houses / neighbourhood. I have a small boy and another gremlin on the way, so I mainly want to do something about the asbestos, but repairing the rear fence is important too. I have had someone look at removing the asbestos and its going to cost $1000's. I have had a fencer come out and have a look too. His recommendation is to build a colour bond fence directly in front of the existing fences. He tells me he does that all the time in this scenario. Its about $5500 which I'm more than happy to pay in full for, and I would loose a few cm's in land, also not a problem. My questions are: If I go ahead and do this, can the neighbours request I pay half of the asbestos removal at a later date, then they get a new fence and extra land for free? If I build the colourbond fence at 1.8m over the existing 1.5m ish fence, can they complain about that? Milesy Fencing Question 2May 03, 2012 2:14 pm I think that they can ask for half as that is your true boundary so you are still responsible for half the fence even though there will be a new and better fence in side your property. Jasmin Hickinbotham Belmont - modified Signed: February 2011 Slab should go down before 2012 My build thread https://forum.homeone.com.au/viewtopic.php?f=31&t=52310&p=799483#p799483 Re: Fencing Question 3May 04, 2012 11:38 am Not a lawyer so not certain, but I have been told before that doing that after a few years the few centimeters of land becomes their's as that's where the fence now is! I would also assume you are correct, sting you for half the removal of the old fence, and get a nice free colourbond fence! However I think if you went the road of removal they would only have to pay half for a standard fence, and beyond that it's all on you? Re: Fencing Question 4May 04, 2012 11:43 am Pretty sure (because have just completed a similar case), both properties would share the cost of removal and replacement. If you place a fence inside your fence, as long as the old fence line is present, you still own the land up to the old fence. If you build the second fence it still means you are liable for half of total cost of removal and replacement of the original fence, when the neighbour requires it. Ed "ECOECO" At 'EcoEco', we design windows, we design the best windows, we do it for you, so that when you’re happy we are happy. Tel. 1800 326 326 Re: Fencing Question 5May 04, 2012 12:02 pm the_milesy Its about $5500 which I'm more than happy to pay in full for, and I would loose a few cm's in land, also not a problem. It must be an awfully long fence for that price. Arfur Re: Fencing Question 6May 05, 2012 10:20 am I think a knock on the door is the go then. The fence is 75 meters. So it's around $70 a meter. Re: Fencing Question 7May 05, 2012 4:44 pm The boundary is the side of the fence with the palings, and there is an allowance for error. If you are to build a new fence, I would suggest getting a surveyor in, caused no end of grief when I didn't with mine. Your neighbours have to pay for 1/2 the new fence provided it is a std timber fence, the contractor would cost in the asbestos removal. After the fence is up, you can clad your side with whatever you want. If you want to go with other than std palings, you pay the difference between std and cladding of your choice. In regards to "land grab", they have to occupy it for 15 years and then they have to claim it formally and you would be notified. The person making the claim has to have occupied it for 15 years, previous owners don't count. So a surveyor ($700) and new fence will will settle that matter. You can remove your own asbestos, there are special skips and procedures for doing it, in NSW some councils even have leaflets on how to do it, haven't seen any in Victoria from councils. There is a fencing act 1968 for Victoria that covers the fence bit. If your neighbours don't want to use a surveyor, you might have to wear that cost, but it's money well spent to stop disputes about where the boundary actually is. A talking dog, don't worry what it's saying, it's amazing it can even speak. Re: Fencing Question 8May 06, 2012 4:16 pm Hi, thanks for the info. I'm not worried about the land. Worst case they can have the inch or 2. I'm even happy to pay for the fence. It would be at least 50sqm of abspestos so can't DIY in Victoria. Just going to talk to the neighbors and see what they are wanting to do and go from there. Milesy. Re: Fencing Question 9May 06, 2012 5:15 pm In SA, local councils have a booklet called Fences and the Law, which contains all the do's and dont's about fencing and all the relevant forms of agreement/dispute to fill in and serve on your neighbour. They strongly advise you do this formally should any issues arise later where it becomes a he-said, she-said problem that can drag on endlessly in Court costing heaps Perhaps your council has something similar? Arfur Need to remove glass panel out of concrete without wrecking the glass to get the spa room in, any recommendations on how to do that. Thank you 0 39047 We are at the stage on our build in Kilcoy, Queensland where we need to get our fencing installed but we cant get any contact details for our neighbours to give them… 0 6167 You can really use anything you want the main consideration would be how it looks once painted/finished - or the look you want. Cabinetmakers use MDF because its cheap… 2 9962 |