Browse Forums General Discussion 1 Apr 09, 2015 2:29 pm I apologise if this is in the wrong section of the forum, mods please feel free to move. I'm hoping someone can help give me some advice re the ethically and legally right thing to do about fencing. We have just moved into our brand new home (yay) and have 2 vacant blocks next to us. Currently, our block has no fencing whatsoever. One of the adjacent blocks has fencing on the other side of their block, whilst the other block has no fencing either. The one owner currently owns both blocks and we know who they are (very small town!). We have received quotes and are about to get installation done of fences in the next couple of weeks. My question is, should I consult the neighbours first? Here are my list of pros and cons for telling them: Pros: - they may contribute to some of the cost (but are they legally compelled to? Can they refuse?) - I feel like it's the thoughtful thing to do. Cons: - the fence we want is not the same colour as the fence on the other side of one of the adjacent blocks. It is likely they may say they want the fence to match, which we do not want. - any consultation will likely cause delay whilst we negotiate costs and design - we have 2 dogs and a toddler and desperately want the fences completed ASAP. Thoughts? Opinions? Advice? If we are willing to wear the full cost, is it ok to just go ahead with it? I've looked on the dept of fair trading website but can't see any info. Anywhere else I should be looking? Our build thread: viewtopic.php?f=31&t=69984 If you want the rainbow, you gotta put up with the rain. Re: Question about fences 2Apr 09, 2015 2:34 pm Fencingonline.com.au is a great resource. http://www.fencingonline.com.au/dispute ... tes-01.htm is a good place to start 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: Question about fences 3Apr 09, 2015 9:14 pm If it helps colorbond fencing can be made with different colours on each side for s slightly higher cost. If I were your neighbour I would want the opportunity to have the discussion and happy to pay my way. We've just been through a fencing dispute with our neighbour who refused to pay. In the end he lost, saving us more than $2k. Re: Question about fences 4Apr 09, 2015 10:35 pm I would consult your neighbour and show them your quotes. You are neighbours and therefore should collaborate in the decision making process. Don't make presumptions on how you think they may respond. If you go ahead and erect the fence and pay for the entire fence yourself, it may prove near impossible to to have your neighbour pay you their share. Re: Question about fences 5Apr 09, 2015 10:57 pm I don't know what state you're in, but I believe in wa you can't force someone to pay half until they build on the land. We are in the situation where we have fenced a boundary with a vacant block that is for sale, leaving us with little chance of getting money back as it will be different owners than when incurred the fencing cost. Given we are semi rural the boundary is a few dollars worth too. Re: Question about fences 7Apr 10, 2015 1:29 pm The legislation in the major states (Qld, NSW, Vic), and probably all of them, is largely similar, namely 1. In Australia, both parties own an equal share in any fence, existing , or to be erected. ie both pay 50% of erection and maintenance costs. Whether the land is vacant or not is irrelevant. If WA is different, I'd be surprised. 2. you must inform the other party of your proposal so, that they can agree, or not. Do not go and build it off your own bat, it can be objected to later. Get an agreement in writing. 3. IF you dont get a response to your proposal, or an agreement, you will need it have it heard in civil court, application fee $100 I guess. If the other party does not front to court, you will get a judgement in favour of your proposal, and you can build it but the other party must still pay 50%. 4. To confirm all this, download the fencing legislation applicable to your state, it is small, and easy to understand. Re: Question about fences 8Apr 10, 2015 1:46 pm Thank you for all your responses. I had mostly made my mind up not to say anything, but after reading all this I am thinking that perhaps we should. I'm not quite sure how to go about it. I'm not sure if I should ask for some share, and if so how much. Or if I should just let them know what we intend to do without making a big issue of it. We have accepted the quote and the supplies have been ordered and he is due to start next week. I wish I'd thought of this earlier. So much going on right now, it just hadn't really occurred to me (we have a newborn and toddler and 2 businesses as well as the new house). Thanks again for all your responses. I'll have a good chat to my husband tonight and work out how we will approach this. Our build thread: viewtopic.php?f=31&t=69984 If you want the rainbow, you gotta put up with the rain. Re: Question about fences 9Apr 10, 2015 3:08 pm I might add that where you can get 50% of the costs reimbursed by the adjoining neighbour, it is only 50% of the standard type/style fence of the area, so in a rural area don't expect to get your neighbour to contribute 50% of say a solid brick fence. For that matter, if the standard fence in a rural area is 3 strand barb wire, don't expect the neighbour to pay 50% of the cost for 8 strand straight wire with ringlock dog fence. In my new area, the standard is post with rail on top, but not too sure if mesh wire fence fill is required by covenant, but most in the area do have mesh wire, so in my case I'd have to pay 50% of an agreed quote on a post and rail with mesh wire fence. Owner Building at Jimboomba Woods in Logan City Qld. Blog : http://bandlnewhomebuild.blogspot.com H1 thread : viewtopic.php?f=38&t=68283 . Re: Question about fences 10Apr 10, 2015 5:22 pm qebtel The legislation in the major states (Qld, NSW, Vic), and probably all of them, is largely similar, namely 1. In Australia, both parties own an equal share in any fence, existing , or to be erected. ie both pay 50% of erection and maintenance costs. Whether the land is vacant or not is irrelevant. If WA is different, I'd be surprised. From department of commerce: Erecting a new fence where one or both blocks are vacant Where one or both blocks are vacant, you should attempt to negotiate a written agreement with the owner of the adjoining block and the fence should be erected according to the terms of the agreement. If you are unable to come to an agreement with the owner of the vacant land, you may still erect a sufficient fence. The owner of the vacant land would be required to contribute half of the cost incurred in erecting the sufficient fence once they had completed a building or substantial structure on their land Re: Question about fences 11Apr 12, 2015 8:06 am I'm in exactly the same boat right now, my build is just starting, slab goes down this week. One neighbour has been there for years and his fence has been up for just as long and he doesn't want any money from us, but the neighbour behind us doesn't have a boundary fence at all and doesn't appear to want one in a hurry. The lot next to us is vacant still so all up we are looking at about 80m equating to about $7500 (installed) in colorbond fencing...very frustrating when one neighbour doesn't want the fence but we do. Re: Question about fences 12Apr 13, 2015 1:19 pm CountryHome I had mostly made my mind up not to say anything, but after reading all this I am thinking that perhaps we should. I'm not quite sure how to go about it. I'm not sure if I should ask for some share, and if so how much. Or if I should just let them know what we intend to do without making a big issue of it. Dunno why you are still confused, you've already been given the answer. Hi all, Our boundary perimeter fences need replacing (3 sides). From everyone's experience, what would you install? Timber lapped and capped OR colorbond? Thank you. 0 2874 thank you! do we need to get this or our builder before we commence new build on the block? 2 10410 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 9957 |