Browse Forums Landscape & Garden Design 1 Nov 19, 2010 6:24 pm Ok, so I need the help of the brain power that is the H1 users. Today I received a Notice to fence the rear 3 quarters of our block from our rear neighbour. Now I understand that legally I have to pay, however, there is already a brand new fence there, our land developers provided our rear fence (timber paling) and the notice to fence is for a Colorbond fence. See the picture below, the red line is the part of the fence which they want to do. http://i797.photobucket.com/albums/yy252/w-i-z-a-r-d/Fence.png The problem I have with it is we have to have timber fences down the sides (it’s in our covenant), I do prefer Colorbond fences but I don’t want mostly wood and one small section to be Colorbond. I especially don’t want to pay for a fence when there is a perfectly good one already standing. So, where do I stand, do I have to pay (it is nearly $1000) and I have much better things to spend that sort of money on at the moment. I am under the impression that because there is already a fence there I don’t have to pay anything and that if they want it done they will have to pay for it all, is this correct? Thanks in advance for you help Current status: Busy making the house our home Built PD Francis 29 on our 576m2 block at Reflections in Tarneit Reflections Estate Thread Our Build Thread Re: Notice to fence-do I have to pay if there is already a f 2Nov 19, 2010 6:36 pm You're in Melbourne so nope, you don't have to pay for it if there is a perfectly good fence that is in good condition currently in place. These kinds of things can often cause issues and the end result is often that if you don't want the colorbond fence then all you need to do is pay for half of a standard wooden fence and the neighbour who wants the more expensive one has to pay for the rest which is greater than half the price of a wooden fence 'A bottle of wine contains more philosophy than all the books in the world.' Louis Pasteur Vegie garden: viewtopic.php?f=19&t=27637&start=0 My Backyard Adventure Re: Notice to fence-do I have to pay if there is already a f 3Nov 19, 2010 8:08 pm I think you're pretty safe Wizard. You can't be forced to replace something that is in sound working order... tell your neighbours you'll be happy to replace the fence in about 20yrs or so when it's started falling down Re: Notice to fence-do I have to pay if there is already a f 4Nov 19, 2010 8:44 pm no since there is already a good fence there finished building 40 square home on 5 acres with perry homes.working on the landscaping just finished pool deck with ://forum.homeone.com.au/viewtopic.php?f=31&t=2217 Re: Notice to fence-do I have to pay if there is already a f 5Nov 19, 2010 9:59 pm I am assuming they want to pull down the wooden one. Can you make sure that they can't pull it down and pay for all of the colourbond one themselves? That would be just as bad aesthetically. RF Build: viewtopic.php?f=38&t=34534 Flooring: viewtopic.php?f=7&t=39733 Chat: viewtopic.php?f=36&t=53303 Re: Notice to fence-do I have to pay if there is already a f 6Nov 19, 2010 11:07 pm Give them a copy of the Fences Act and politely tell them no go. http://www.austlii.edu.au/au/legis/vic/consol_act/fa196867/s4.html The act says: The occupiers of adjoining lands not divided by a fence sufficient for the purposes of both occupiers shall be liable blah, blah, blah.... The point is that the fence is "sufficient for the purposes of both occupiers". It doesn't matter that the neighbours don't like the style of fence; the fence itself is fit for the purpose it's intended for: to divide the properties, provide adequate privacy, and keep pets and children from straying onto adjoining properties etc. (I assume that it's a standard height fence?) They might not be happy, but as the Rolling Stones said, you can't always get what you want.... I haven't read through the Act entirely, but I'm pretty sure that they can't remove the existing fence if it's in perfect condition and you don't agree to it being removed. Re: Notice to fence-do I have to pay if there is already a f 7Nov 20, 2010 3:33 am I was pretty sure of that too Kek...definitely worth pointing the fact out to them so they don't go trying to rip the existing fence out. RF Build: viewtopic.php?f=38&t=34534 Flooring: viewtopic.php?f=7&t=39733 Chat: viewtopic.php?f=36&t=53303 Notice to fence-do I have to pay if there is already a fence 8Nov 20, 2010 7:14 am Thanks everyone for your help, your comments are exactly what we thought but before I ring the fencing company and tell them to stick it, I wanted to make sure. I definitely don’t want this fence to go up, I’m not having 15 meters of Colorbond fence then 3 meters of paling fence across the back of our property. Current status: Busy making the house our home Built PD Francis 29 on our 576m2 block at Reflections in Tarneit Reflections Estate Thread Our Build Thread Re: Notice to fence-do I have to pay if there is already a f 9Nov 20, 2010 7:26 am There are two houses near here that have 2 fences between them. There was a wooden fence in existence and one house obviously wanted colourbond so they just put the colourbond one up on their side against the existing fence. Your neighbours will have to do the same if they want colourbond. RF Build: viewtopic.php?f=38&t=34534 Flooring: viewtopic.php?f=7&t=39733 Chat: viewtopic.php?f=36&t=53303 Re: Notice to fence-do I have to pay if there is already a f 10Nov 20, 2010 7:02 pm My neighbours where I'm renting wanted a colorbond fence instead of timber palings, so they bought it and put it up while we were at work even though my landlord hadn't agreed to it (he hadn't wanted to pay to replace a fence that wasn't falling down). Hopefully yours don't do that to you. Re: Notice to fence-do I have to pay if there is already a f 11Nov 20, 2010 11:22 pm I wouldn't be paying either...& i'd be taking photos of the existing wooden fence (for evidence) in case the need arises to prove it was in good condition (in the event neighbours take it down/destroy it & claim it was unsafe etc.) Cooper's Build - Perth NOR viewtopic.php?f=31&t=30525 Prelim- mid Sept 2009, Pre Start 2 Feb, Siteworks- 21 April 2010, Slab- 10 May, Deliveries- all by 26 May Bricking- 28 May - 26 June, Roof complete 5 Aug, Float 28 Aug, Lock up 16 Sept Cabinets 1 Oct, Tiling 22 Oct, PCI 18 Nov, KEYS 3 Dec 2010 MOVED IN 17 DEC 2010 Notice to fence-do I have to pay if there is already a fence 12Nov 21, 2010 7:07 am Thanks for the advice Cooper32, I will do that. Does anyone know if I can stop it from going up? If I say that I don’t want it erected do they have to comply or can they still erect it anyway as long as they pay for all of it? Current status: Busy making the house our home Built PD Francis 29 on our 576m2 block at Reflections in Tarneit Reflections Estate Thread Our Build Thread Re: Notice to fence-do I have to pay if there is already a f 13Nov 21, 2010 10:09 am I think the only way they can put it up is if they put it on their side of the timber fence, but leave the timber fence there. Our neighbours on the dead side of our house have a timber fence all the way around their house, but on our border, it is starting to come apart, not badly, but we both have dogs and don't want them getting at each other. I doubt they are going to want a colourbond fence as they have the wood all the way around and it's their "entertaining" side, so instead of fighting to get what we want, we are just going to put a colourbond fence on our property against the timber fence. Notice to fence-do I have to pay if there is already a fence 14Nov 21, 2010 10:15 am As mentioned before. Take some pics. Two people I know had the same situation. Fencers came in and replaced it without any notice. They were never asked to contribute to costs. Re: Notice to fence-do I have to pay if there is already a f 15Nov 21, 2010 10:38 am Excellent idea Eve. RF Build: viewtopic.php?f=38&t=34534 Flooring: viewtopic.php?f=7&t=39733 Chat: viewtopic.php?f=36&t=53303 If your patio is going to be 35 sqm then that's going to need Council Approval. The fact that they previously approved your 25sqm patio will be irelevant 1 6542 Hi Mofflepop, I would recommend finding a building designer to prepare plans, they should design to your specified budget. The benefit is you can tender the project out… 9 22088 Thanks mate. Yeah good points! Leaning towards Option 3 to get a bit extra space in the cabinets but not going too crazy high (and expensive). Would require a mini… 13 41405 |