Browse Forums General Discussion 1 Nov 08, 2012 8:19 pm hello right the situation is this - we need to put fencing up ASAP as on site security cameras are coming down in 2 weeks the thing is until about a week or 2 ago the land next to and behind us has been vacant. now it has been sold (final deposits pending) what is or would my legal standings be considering at the time of the fence going up we did not contact the proposed neighbours? yes we will be paying the whole outlay but we are keeping fingers crossed that the neighbours are going to be nice and contribute once they move in?? thanks for any tips and advice in advance Building The Harvard 271 With Dennis Family Homes My Blog http://www.ourhouseinwallan.blogspot.com My Thread viewtopic.php?f=31&t=51625&p=789135#p7891353 Re: Fencing - HELP 2Nov 09, 2012 7:37 am It is my undertanding that in Victoria if you don't contact the neighbours beforehand they are not obliged to contribute to the fence. It sucks if you want your fences up quickly, but you have to issue a notice to fence and give them a month to respond. If they don't respond or you can't come to an agreement (or you are not able to find the owners) then you can apply to the Magistrates' Court for an order and then you can put the fence up and recover the cost later. Of course, they might be neighbourly about it and pay anyway but personally I wouldn't put my eggs in that basket! Re: Fencing - HELP 3Nov 09, 2012 6:13 pm If you build the fence before they have even officially bought the block (ie. the land sale contract has been signed off on and final deposits have been paid) then they are not required to contribute to the cost of the fence at all (nor should you have any real expectation for them to contribute - it would be a bonus if they did). You don't have to issue a notice to fence right away (that's more of a last resort) - just get their agreement to pay for their contribution to the fence in writing and you should be covered (it might be the case that their builder will include a fencing allowance, which will make it a bit easier again). You'll need to source a few quotes to build the minimum acceptable spec fence (as per development guidelines) for comparison before you go to your new neighbours though. If you can hang on without a fence until they have officially signed off on the block then that would be better for you in terms of working towards an agreement on co-contributions towards the cost of erecting the fence. If they refuse to come to an agreement then you can serve them with a notice to fence and the 30-day window for them to comply begins - if no agreement has been reached after 30-day window expires then you can go to a magistrate and get them to issue an order to contribute to the cost of the fence (this requires you to have dotted all of your i's and crossed all of your t's wrt following the prescribed process though). In summary if you want to erect the fence right now then you will be paying for the lot and are highly unlikely to get any contribution from the potential buyers of the vacant blocks. If you're willing to wait to ensure that the eventual neighbours do contribute their share then you will need to follow the prescribed process all the way (if they refuse to cooperate then it will drag out for months though). If you want more detail on the process then just do a search for "fencing disputes victoria" in google and you should find the info you need (as well as the actual fencing act legislation) in the first few links that appear. Good luck Shelle... Some people apparently have nothing better to do than comment on other people's sigs. Re: Fencing - HELP 4Nov 09, 2012 8:03 pm Thank you to both of you for your replies sadly we don't have a month or so to wait. our site security cameras are comind down in 2 weeks + dog we always knew we would have to pay for the whole initially. we will see how we go with neighbours but we won't push it... hey cmhamilton how is life in springridge?? i hope all is going well Building The Harvard 271 With Dennis Family Homes My Blog http://www.ourhouseinwallan.blogspot.com My Thread viewtopic.php?f=31&t=51625&p=789135#p7891353 Re: Fencing - HELP 5Nov 09, 2012 8:55 pm The following link is to a really good site for explaining fencing law: http://www.fencingonline.com.au/ The Harder You Try - the Luckier You Get ! Web site http://www.anewhouse.com.au Informative, Amusing, and Opinionated Blog - Over 600 posts on all aspects of building a new house. Re: Fencing - HELP 6Nov 10, 2012 7:39 am shellbelle Thank you to both of you for your replies sadly we don't have a month or so to wait. our site security cameras are comind down in 2 weeks + dog we always knew we would have to pay for the whole initially. we will see how we go with neighbours but we won't push it... hey cmhamilton how is life in springridge?? i hope all is going well You might not have to go through the entire process if you can get a hold of your potential new neighbours and discuss contributions to the cost of the fence - it's worth a shot if they have already put down their deposits on the blocks. Things are going well up here - how's it going down there in WW (I presume you've moved in by now). Some people apparently have nothing better to do than comment on other people's sigs. Re: Fencing - HELP 7Nov 10, 2012 7:48 am Sorry to crash your post but I also have a fence question??? Saves me opening up a new thred when there's one here!! Our build backs onto a reserve and there is a proposed path to the left council owned both fence lines in question. I Called the council seems like they believe they are not liable for the fence!! Emailed them no response !!!! I was under the impression that they cover half being council land (Victoria) Not sure where to go from here?? Surely there's a law book I can get a hold of with rules and regulations . They expect neighbours to come to an agreement.. They need to as well. Any stories or feedback regarding similar issue would be appreciated Re: Fencing - HELP 9Nov 10, 2012 9:15 am our dream home Our build backs onto a reserve and there is a proposed path to the left council owned both fence lines in question. I Called the council seems like they believe they are not liable for the fence!! Emailed them no response !!!! Council usually have a covenant written into the title saying property owners are responsible for the full cost of fencing where they abut council land. I know that was the case for my last house. The Harder You Try - the Luckier You Get ! Web site http://www.anewhouse.com.au Informative, Amusing, and Opinionated Blog - Over 600 posts on all aspects of building a new house. Re: Fencing - HELP 11Nov 10, 2012 12:44 pm that fence link was awesome we actually managed to contact the person that has got the land behind us, so now we can send the notice to install a fence along with the quote.... now i will contact council for the other person.... i am now glad we are a cnr block 1 less person to contact. @ cmhamilton we have about 3-4 weeks till we move in, we got delayed when stupid kids smashed 9 windows and damaged the plaster walls Building The Harvard 271 With Dennis Family Homes My Blog http://www.ourhouseinwallan.blogspot.com My Thread viewtopic.php?f=31&t=51625&p=789135#p7891353 Re: Fencing - HELP 12Nov 10, 2012 2:04 pm jemsaf If you issue a notice to fence now to the seller they will have to include it in the section 32 as a liability on the land when they go to sell. May cut down on the time for you? Unless it is the vendor (developer), in which case the $1 clause will kick in... 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