Browse Forums General Discussion Re: yet another fence dispute 6Aug 15, 2019 6:46 pm [quote="luckyhomeowner":3n8guqbq]alright, I live in QLD and here's my story. I built in a corner block with only two adjacent blocks. The back one is still empty, for sale and the side one is built but construction started 1 month after ours. We have installed fence through the builder so the cost of it was included in the house construction contract. When our build started, the other block was still on sale. As soon as it sold and I noticed they put the builder sign, I contacted mine so they could contact them and sort it out. My builder asked me to contact council and get the owner's details which I did and forwarded to them. I then never heard back from my build about that. Once we moved in, I went back to them and asked for the paperwork so I could give it to my neighbours. They are now refusing to pay the full amount claiming they were never consulted about the fence and neither had a say on the type of fence. They are though willing to compromise and pay 30% of the total amount instead of 50%. I definitely don't wanna take this to tribunal as I want to cultivate a good relationship with them however I wonder if they have any right in arguing that given we started building before their block was even sold and the estate covenant also required us to install a specific type of fence.[/quote:3n8guqbq] [quote="luckyhomeowner":24z0xc6d] Neighbours disputing fence costs is a pet hate of mine, I’ve had my say plenty of times here in the past about scumbags refusing to pay their half. With this situation however, got to say it’s worded vaguely and somewhat confusing. Usually if the fence is in the building contract it’s already been split by the builder and the land developer. Without more details and costings I’d say the builder only paid half anyway and that’s what you ultimately pay according to the building contract you signed. Then the new neighbour wouldn’t pay anything as it was already done (And you’ve only paid your fair share of 50% anyway, again, without more details and costings/length/material of fence hard to know). And I can’t see why you’d get the neighbours details and then give them to the builder. You should’ve just contacted them directly at the time and showed evidence of what the fence cost was on the building contract and asked them for half. Anyway too confusing to really know what’s happened here. In this case I’d take their offer of 30% and move on. Re: yet another fence dispute 7Aug 16, 2019 9:58 pm But how can you discuss costs or options when there's no neighbours at the time the contract was signed? We all know that after signed you need a variation to change anything... Re: yet another fence dispute 8Aug 18, 2019 3:46 pm Unless you built a fence that is OTT re price, offering to pay 30% is just cheap. Don't they realise it will ruin any relationship between you. I'd have a talk to them and say this - in a veiled sort of way - eg so you want a situation from the word go where we don't hit it off ? Only a fool would say yes. UNLESS the fence cost is just so high - I'd then agree with them … Re: yet another fence dispute 9Aug 19, 2019 3:43 pm There's got be a proper way to solve this. you sign the build contract, there is no neighbour. After you start building someone buy the land next to you and start building. It doesn't make sense that they should have any say on picking the fence or ask for different quotes. What are you supposed to do, ask for a variation on your contract to change the type of fence or supplier? Re: yet another fence dispute 10Aug 19, 2019 4:35 pm Multiple times now you’ve said there was NO neighbour at time of signing. The fence was built and then half the cost from the eventual neighbour who did buy was sought. The neighbour wasn’t consulted prior to the fence being built. The neighbour didn’t sign anything prior to the fence being built that they would pay half. Good luck taking this further because legally I don’t think you’d stand a chance. You also haven’t as yet said what the fence is made of, the length of it nor the actual cost, so no one knows if you’ve actually paid for the fence in full, or if in fact you’ve only paid half anyway and the developer/vendor of the vacant block (before the neighbour bought it) paid the other half. The neighbour has offered 30%, take it. Others here saying the neighbour is making things difficult and way to get a relationship off to a terrible start. Well a case could easily be made that you’re causing the relationship to get off to a terrible start by demanding something that they were never consulted about. Re: yet another fence dispute 11Aug 19, 2019 4:46 pm It's rural fence, made of timber posts and wire mesh. Length is around 30m which I have paid in full to the builders. Prior to getting the quote from the builder I quote if a local company and price was roughly the same. Based on what do you think I don't stand a chance legally? How in gods name am I supposed to consult my neighbour when the block was vacant by the time I signed my build contract. Re: yet another fence dispute 12Aug 20, 2019 2:51 am Don't think that you stand a chance in getting anything legally. To get your neighbour to pay for the half, they have to be presented with the quotes BEFORE fence is built in the first place. You neighbour can choose to agree the lowest price of the quotes. And if you want to go with higher costs ones, you either have to convince neighbour to agree with you or you will have to pay for the extra on top of the lowest quote. In your case, none of these happened. So good luck! Re: yet another fence dispute 13Aug 25, 2019 7:38 am If a block of land is vacant and not sold and you start to build a fence then after that fence is built the block of land is sold you are entitled to $0 from the new neighbours for this fence. You would have had to ask the developer for money and in most cases there are rules stating developers and not liable for fencing costs, same rules apply to council IE if U back onto a reserve council doesn't pay half your fencing costs. I would take the 30%. Different councils have different rules but where I live a hedge can be considered a fence for purposes of paying half and you need to present quotes prior to building. You can go to tribunal through your council but for sake of extra 20% to have a life of neighbours hating you I wouldn't do it but up to you. Re: yet another fence dispute 14Sep 03, 2019 11:33 am I guess you could always remove "your" fence … Would cost a bit but you'll make your point - advise them in advance. yes it does, you've just not understood it. theres a difference. 4 2776 Wow that is shocking, how did it go informing the other builder? 5 10198 Hi, Apologies - I know there is plenty out there on this but struggling to put together the puzzle. We're planning our garage/external laundry to master bedroom and… 0 1181 |