Browse Forums General Discussion 1 Feb 13, 2017 5:01 pm Hi all, I currently have a house under construction and have recently contacted our neighbour about the fence that needs replacing. For context, we bought the last empty block in a failed subdivision where four dwellings were to be constructed in a row, between the end of the street and an existing house. The first three blocks, from the street end, had buildings in various stages of completion. Ours had been levelled and nothing ever built, and is the only one that shares a boundary with the neighbour who remains. Apparently the "development"-that-never-was sat in limbo for years and years while the owners had legal issues etc. We bought the block straight from the "developer" and no awareness of any agreements pertaining to anything, etc... Our house is nearing completion, I am 37 weeks pregnant so time is ticking on my ability to organise stuff, and I have a large dog who needs a secure fence. The fence at the very back of the block is fine. On one side (the boundary shared with an unfinished building) there is no fence, and we will sort that side out with that new neighbour. On the side in question, shared with the existing neighbour, there is an old fence that is in a significant state of disrepair. Last week I emailed the neighbour in the existing house and brought up the issue of the fence, noting (nicely) that it is in dire need of replacement and what would they like, shall I get some quotes and we can work out each party's share, etc? Here is the response I got back... "Fence at side rear. While I empathise with you in your time frame for completion, there are some issues. First and foremost, we were of the understanding that the developer would replace the fence at their cost as part of the site demolition and restructure. The reason the fence is in its current state was basically caused by the removal of hedges, shedding and carport which were snug against the existing fence with only a small section exposed. There was no consultation with us other than we would get a new fence with the development. That was over seven years ago! Hence the propped up eyesore that we have had to endure while the developer had a lengthy law case with a builder, the divorce and eventual sell off. Enter you! Ok, not your doing but you need to know the history and why I am a bit miffed by the fence saga. Over time, my financials have changed and I am now only getting a part age pension. My business is in shutdown mode and we struggle to survive. In a nutshell, I have no funds." How would you deal with this? I should mention that it is important to me that we have a positive relationship with our neighbours, but I also don't think it's our job to just foot a bill and that's that. The options as I see them are: - Too bad too sad, fill in the required paperwork, try and make them pay anyway. Start off on a terrible foot with our neighbours. Not an appealing option. - Find out if there was anything in writing with previous owner. Do they pay? I'm not sure that there would even be any legal grounds seeing as we bought the property from them... if anyone knows if there might be any grounds to get the previous owner to pay, please mention... - My husband's suggestion: Offer to pay for the fence with an agreement that if/when they sell their property, we are reimbursed for their share of the fence. Is this something that could have legal standing? This one seems fair to me? - No option - if we want a new fence we might just have to pay for it? - Anything we haven't thought of? Thanks in advance. 5.5m Terrace House - Lightsview (Northgate SA) Moved in!! - 22 February 2013 /viewtopic.php?f=31&t=53455 Re: Fencing issue - what would you do? 2Feb 13, 2017 5:34 pm Hi juski, now I'll say outright that I tend to avoid confrontation, so my opinion and course of action would probably reflect that. What the person has said sounds about right, I could def. imagine the scenario described actually happening. Due to that fact, I feel that getting any funds from the neighbour without causing them to become quite disgruntled would be low. Also would they be able to pay in any good time? My thought would be you could try the 'pay me back when selling' thing, but im not sure if that would be well recieved in this particular situation despite it being very fair.. Easy for me to say but I think I would consider it an unexpected building expense and try and forget about it.. Re: Fencing issue - what would you do? 3Feb 13, 2017 6:23 pm Based on this.. I would just pay for it. I know it sucks.. but they do seem hard done by, and probably worth getting off on the right foot with a neighbor you'll be living next to for along time to come. Sometimes good will from neighbors is worth more then half a fence (i.e. get them to watch your place while your away, etc). I'd just say "look its this much, understand your situation and this time will pay for it".. so they know what you've done for them. I think their response was pretty good, they have tried to explain why they can't pay for it and that they know its not your fault.. Good luck. Re: Fencing issue - what would you do? 4Feb 14, 2017 8:31 am You will find paying both will not be that much - and may save great angst etc. It will also be a good talking point for years to come - how "your" fence was paid for. But - in saying that - I totally disagree with a neighbour not paying their share. I feel you should send a formal letter just stating what is happening - ie a fence is to be erected - and requesting their half. Give them the bank details. Explain your position - pregnant, dog etc etc. Say you can't really afford to pay for their share. BE VERY NICE !!! Do not use any veiled threats or nasty stuff. Appeal to their better nature. "You understand their position and funds situation BUT you also can't afford to pay their share.". And make sure you mention how you hope as neighbours you'll be friends and help each other - use a bit of "grease" to make them feel they should pay. Say how sorry you are about what happened but emphasise its not your fault. Then - its up to you after the fence is built. Do you pursue them - ie Small Claims court ? As I said - I feel neighbours should pay their way. Re: Fencing issue - what would you do? 5Feb 14, 2017 11:50 am Saint Mike You will find paying both will not be that much - and may save great angst etc. It will also be a good talking point for years to come - how "your" fence was paid for. But - in saying that - I totally disagree with a neighbour not paying their share. I feel you should send a formal letter just stating what is happening - ie a fence is to be erected - and requesting their half. Give them the bank details. Explain your position - pregnant, dog etc etc. Say you can't really afford to pay for their share. BE VERY NICE !!! Do not use any veiled threats or nasty stuff. Appeal to their better nature. "You understand their position and funds situation BUT you also can't afford to pay their share.". And make sure you mention how you hope as neighbours you'll be friends and help each other - use a bit of "grease" to make them feel they should pay. Say how sorry you are about what happened but emphasise its not your fault. Then - its up to you after the fence is built. Do you pursue them - ie Small Claims court ? As I said - I feel neighbours should pay their way. Funnily enough, we have or had issues with both sides of our fences. One side, we had to fork out $1,800 (her portion) it was a really long fence, almost 60m. She didn't speak a lot of English, cracked it, refused to sig anything, We even offered 30%-70% but she refused that, saying we have enough money to rebuild and you wanted to rebuild, you're paying. In the end it was just too hard and if I didn't get it done, I would have lost out even more on land tax, so I bit the bullet and just took it on the chin....$1,800 paid for her portion, got on with life. I put the smooth side on my side instead of hers - she complained, I told her if you wanted the smooth side on your side, go pay your portion, end of that. To be honest, we're never greeted each other and the fence is at the maximum level height. Privacy - tick. Could I have afforded that $1.8K? No, we have three small toddlers...and it could have been spent on them. Did it buy peace? Yes. Would I rather read children's books to my children than fill out the paperwork? YES Contrary, on the other side of the fence, we got the bloke to do a 50-50% split, admittedly this was BEFORE our rebuild, afterwards I reckon we would have issues as well. Bad thing, lately we have had a ruffle over a water tank right on the zero lot boundary!! Re: Fencing issue - what would you do? 7Feb 14, 2017 8:13 pm Cry poor, try that with local council rates, one way or another they must be payed, same goes morally for neighbouring fences, problem is some people will take advantage of the fact, the other side has initialled the job first. Bought in Nov 21 at the height of the market (classic). Good area, atrocious floor plan. BUT has land out to the left-hand side that we can extend out on (see second… 0 8775 Thanks mate. Yeah good points! 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