Browse Forums General Discussion 1 Feb 22, 2016 5:47 pm So the guy over the back fence from us says he doesn't have to go halves with us in the fence that is left to do because he built the other side when the previous owner owned the land and she was supposed to go halves with him but didn't so it's our responsibility to pay for the fence in full does this sound correct? ( half of our Back yard between us and them is fenced the other half is just a wire fence) Re: Fence dispute 2Feb 22, 2016 6:37 pm Best place to check is 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: Fence dispute 3Feb 22, 2016 6:46 pm If you're building a fence on a shared boundary they have to pay for the other half regardless of what a previous person has done. Follow Our Build Here: viewtopic.php?f=31&t=75667 Building with Kurrajong Homes in Alumuna Walk Village. Re: Fence dispute 4Feb 22, 2016 6:53 pm In Vic, if there is already a sufficient fence - as per definition according to the legislation - they don't have to pay. If you have a dividing fence already - even if it is part wire and part paling, then I suspect that would meet the definition of sufficient. Are you in Vic? Re: Fence dispute 6Feb 26, 2016 10:47 am Agree with most of the above. Do not just build it. If there is a gap then it needs to be done. Get 3 quotes and send him a copy. Set a reply date. In writing. If he refuses to comply - tell him - in writing - you will take legal action if you don't hear from him by a set date. Say all the usual thing - you'd like to stay friends, you feel its fair, what happened elsewhere is not your fault, lets talk it through etc etc. But - you'll be forced to take legal action if he doesn't come to the party. Show you have tried to talk. AND keep a copy of the papers. Then - Go to Small Claims Court. It will take time but you will win. Otherwise - get quote and pay yourself. Then forget it - but remember him. Depends on cost I guess. Is it $200 or $2000 ? Re: Fence dispute 7Feb 26, 2016 4:01 pm To be clear, what went on prior before you were the owner , is bewteen your neighbour and the previous owner. There is no legal provision for the obligations of the previous owner of your land to carry over to you. Any prior repairs/building before you became the owner are finished /extinguished issues. If in the future you and your neighbour revisit that part of the fence again, it is a new incident, and both of you are required to contribute equally. Similarly, the remaining unfenced portion is a new issue between you both, also requiring equal input. Make sure your neighbour understand this. If he is still recalcitrant, follow the advice others have given you here. Download a copy of the (Dividing) Fences Act for your state and read it. You can then quote the relevant sections to your ignorant neighbour in correspondence.. There is no need to engage a solicitor unless you are uncomfortable doing these simple steps. Re: Fence dispute 8Feb 26, 2016 4:54 pm Pretty much 50:50 for any dividing fence in any state.... that's only 50:50 of the 'standard' fence for the area, so if the 'standard' is 3 strand barbed wire on star pickets, you only have to contribute 50% of that, and not 50% of a 1.8m brick fence. Don't be surprised if the other neighbour does not have the funds to go ahead with it when you want to, but you must have an agreement. Owner Building at Jimboomba Woods in Logan City Qld. Blog : http://bandlnewhomebuild.blogspot.com H1 thread : viewtopic.php?f=38&t=68283 . Re: Fence dispute 9Feb 27, 2016 4:58 pm thanks for your help, I think we will just end up paying to avoid conflict - the first quote we have got is around $1500 so would have been nice to go halves but we just aren't people who are comfortable with conflict....... Maybe we will get a cheaper quote or do it ourselves but it does seem unfair when it was his issue with a previous neighbour, the higher the fence the better I say though ! Re: Fence dispute 10Feb 27, 2016 7:41 pm I know what you mean... I'd sooner put up a 10 foot tall besser block fence to block next door out completely. Owner Building at Jimboomba Woods in Logan City Qld. Blog : http://bandlnewhomebuild.blogspot.com H1 thread : viewtopic.php?f=38&t=68283 . Re: Fence dispute 11Feb 28, 2016 9:53 am I'd go that way if you really feel like this. But, I'd still try the process - send a copy to them and seek the 50%. Point out the cost and fairness of it all. Point out how you are neighbours and you should try to be friends - get along. No threats or anything. Just be nice. Then if they won't - just pay - if that's how you feel. Just remember it ... Maybe BP's idea - with gun-towers too ... Re: Fence dispute 12Feb 28, 2016 8:57 pm You could always just build your own fence on your own land as big and as high as you want sure you might lose 10cms of land but you gain the freedom to do whatever you want. Re: Fence dispute 13Feb 28, 2016 9:54 pm paint the panels on his side bright pink and then put the fence up. It does suck that some pple are just rude. The land owner next to me is trying to sell her land and she doesnt want to pay a cent as her reason was she is not going to live there so not her issue. But i have sent her a express post registered letter so i have signed proof that she has it. Re: Fence dispute 14Feb 29, 2016 1:18 pm Havocthemighty You could always just build your own fence on your own land as big and as high as you want sure you might lose 10cms of land but you gain the freedom to do whatever you want. nat_luke1 thanks for your help, I think we will just end up paying to avoid conflict yes it does, you've just not understood it. theres a difference. 4 5490 Yes i guess this is one of the main reason as i checked one post foundation 4 10022 Hi We have a road close to our place and only an old flimsy wooden fence between us and the Neighbour closest to the road. Any ideas on a sound proof modular fence. Like… 0 7510 |