Hi,
Just after some advice on my current situation.
I built a house which was completed in March 2012. I did not receive keys until 1st of May due to disputes with my builder on various issues and my clo moving on which cause more delays. However I have emails and proof that the house was completed in March 30.
In January 2012 my rear neighbour made contact with me regarding the fence. We had a short discussion via email and she arranged to erect a fence and I immediately paid for half. The fence was a 1.8m colourbond fence the same colour as properties already in the area.
In March 2012, while visiting my property, I was surprised to see that one of my side neighbours has erected a 2.1m colourbond green fence (everybody else in the area has cream). I had no discussions/agreements or a notice to fence from this neighbour despite seeing them several times. I wasn't aware they were close to moving in. In fact my slab went down before theirs. They have no pets so I presumed that seeing as they wanted something different to everybody else and did not bother to contact me they went ahead to get what they wanted and were covering the cost.
Several months later, my mum was at my house (I wasn't there) and they handed her a crumpled up invoice for the fence and told her they wanted half (they don't speak english very well). A few weeks later we had a discussion and I told them my concerns - the fence was more than sufficient and also that they gave me no notice. Also my share for the fence I put up on the other side (exactly the same length) is about $500 cheaper than what they are asking. We didn't get anywhere and she insists because I wasn't living in the house she had every right to put up the fence and I still have to pay half. I think she is mistaken - that would be the case if my land had of been vacant and it wasn't!
Now, several months later, I have been served with a notice for a conference hearing at the magistrates court. She is asking for $150 less than the cost she originally asked for plus court fees, service fee and travel fee.
I don't think it's fair I have to pay half of something I had no say in. I would be prepared to pay for the cost of a standard fence (what we put up on the other side) less the cost of having to paint the fence to match the other fences. I have calculated this to be about $300 for the materials alone
What do you guys think? What's fair? What rights do I have? What do you think will be the outcome?
Any advice would be really appreciated!
Thanks, Kim