Nov 13, 2018 6:43 am
We want to know where we stand. We have been in our house almost 2 year and next to a vacant block on a corner. We contacted the owners of the block about 3 months ago and got the ball rolling to get quotes for fencing between us. It is due to be installed next week. Last Friday we got a message from them telling us that they have put the block on the market and asking us to wait until after the sale to install the fence so they don't have to pay. Problem is we are going overseas for nearly a month over Christmas and want added security for our home when we are away.
I have sent 2 msgs to them telling them we really need it done. Where do we stand. If we go ahead and do it anyway, are they legally liable to pay half still?
Re: Fencing dispute.2
Nov 13, 2018 11:47 am
I've included a link and paragraph from Law Access below.
"The law says that owners must share the cost of building a sufficient dividing fence between your properties. This means that if your neighbour wants a fence, but you do not, you are still responsible for sharing the cost of building it.
For more information about what is a 'sufficient dividing fence' see What type of fence?
If you are having trouble reaching an agreement with your neighbour, you could try mediation. Community Justice Centres (CJCs) offer free mediation services that may be able to help you talk to your neighbour and reach an agreement. "
Re: Fencing dispute.4
Nov 13, 2018 2:21 pm
If you going to be away and are concerned about the security of your property I would suggest just paying for the fence and worry about costs later on
Only do this if you’re happy to not be reimbursed, because the chances of reimbursement will be extremely low.
Re: Fencing dispute.5
Nov 13, 2018 2:31 pm
Serve a fencing notice fencing notice
The Harder You Try - the Luckier You Get !
Informative, Amusing, and Opinionated Blog - Over 600 posts on all aspects of building a new house.
Re: Fencing dispute.6
Nov 13, 2018 5:21 pm
I agree with GB and Bash. But - you are running out of time if you have an OS trip coming up.
I'd pay and send them their bill. If they don't pay start action in Small Claims Court or what ever is appropriate where you are.
Security while you are away is paramount imo. Is their half very much ?
Re: Fencing dispute.7
Nov 13, 2018 5:38 pm
If the quotes were organised 3 months ago and the fence is due to start next week, wouldn’t they already have signed the permission form anyway? You’d normally agree between both parties which contractor to go with and then both parties sign off on it and then the contractor would inform the start date. These people not going ahead 1 week before construction, and the fact the OP been in their house for nearly a year with no fence, something suss.
Re: Fencing dispute.8
Nov 14, 2018 6:05 am
Thank you for your replies. Their share is over $2000, which is a lot of money to be out of pocket, particularly as we have budgeted for our dream holiday. My husband is insistent that we go ahead with it, so serving a fencing notice may be the key. They still have not replied. I only have an email address as they live a couple.of hours away and only.met a few times.
As you can see, we are quite exposed. The people down back apparently went ahead and did the fence after non contact back from the owners.
Re: Fencing dispute.10
Nov 14, 2018 2:48 pm
And, something to consider, in the current situation of the vacant block and you guys toddling off for a months holiday and telling the whole world about it on this public forum, will a fence render your home more or less secure?
Re: Fencing dispute.11
Nov 14, 2018 7:26 pm
Well, after another message, they finally replied and are happy to go ahead...thank goodness because the fencer rang this afternoon saying they are ready to start tomorrow.
I regards to telling people about it on here, I haven't mentioned where we live, and I have family members coming and going house sitting at various time while we are away. Really will be a bit for their security...as I feel like I am used to living so exposed now.
Thank you for all your advice.
Sign in or Join to reply to this Topic
NorfolkHandover dispute about delay fees - Need helpHandover dispute about delay fees - Need help
Check your contract. It may say you can offset what the builder owes you against the final payment. Ours did and we offset the liquidated damages amount.