Browse Forums Landscape & Garden Design 1 May 21, 2013 2:33 pm Hi All, Having a bit of a disagreement with the neighbours here with regards to fencing...we've recently built and to get the occupancy certificate, we need a 1.8m fence. We went over for a bit of a chat, and she flatly refused to chip in - fine, we'll have to wear the costs - about $3K of paling fence. The current one is really dilapidated and whilst this was really annoying to wear the costs, we have no option. Problem is when we started to do the fencing the fencer told us that it would be better if we changed the direction of the posts and rails to face her side/house rather than ours due to two things: 1. Easier access on my side - she has an exquisite garden which we want to avoid damaging. 2. My land is about 10cm higher than hers sloping down onto her end, as we are going to concrete the side of the house (neighbouring her property) the fencer said it was much better and more solid to have the rails and posts facing her side of the property rather than mine. So she got her son to ring me (neighbour doesnt speak much English by the way) to tell me to stop the construction and that he plans to sue/force me to erect a fence to the original state/direction of the rails/posts via the courts/lawyers. This is mainly due to the fact that it looks bad on her side and not much else.... now considering that is $1,500 we had to fork out for her, I refused. Any law gurus out there knowing if this is legal - last thing we want to do is get a fence erected and received a court order to attend or anything... I have done the following: 1. Checked with Local Council - they do not regulate/govern this nor have any building requirements which this breaches. 2. Checked out: http://www.parliament.vic.gov.au/lawref ... tconsulted Which states: No consultation - no cost can be recovered If your neighbour has gone ahead and constructed a fence without consulting you, and without serving you with a Notice to Fence, he or she cannot recover any of the cost of the fence from you. But you have no say in the fence that results The bad news is that, if you do not like the fence and you haven't been consulted or asked to contribute, there is little you can do to have it altered or pulled down, unless the fence does not conform with the Building Regulations or requires a planning permit that has not been obtained. You can check the Building Regulations and the applicable planning controls with your local council. For a small fee, a private or Council building surveyor in your area may be able to give you technical advice as to whether the fence conforms with the Building Regulations. You should be aware that the lack of a planning permit may not be fatal: permits can be granted retrospectively, so you may still be left with the offending fence . Now I think I'm in the clear, but just double checking... Thanks. Regards, Judder. Re: Changing the direction of the rails and posts for a fenc 2May 22, 2013 11:05 am Ok firstly, legally your neighbour HAS to contribute 50% to the cost of a new fence if the old one required replacement. If you wish to erect a different type or height then you'd need to fund the difference in cost of a fence that was a direct comparable replacement and the type you are constructing. Additionally you are required to have the posts and rails on the same side as the original unless you get your neighbour to agree to having it on the opposite. However, deciding to do it anyway and fund it all by yourself then yes they are limited in what they can do to stop you... but there are avenues they could take. For an example, they could engage a surveyor, show that your new fence deviates from the title boundary, and then require you to pull it down and put it on the boundary and recoup their costs from you. So you better hope it is spot on... Completed a knock down and rebuild in northern Melbourne. Handover completed 27/09/2013 and now moved in. Assuming you've modelled the TB8, TB10, TB12, TB2 & J1 joists/LVLs there, it appears as per drawing to me. There maybe should be an additional J1 between TB10 and T12 if… 3 31837 Pls help! The black marks show where our outdoor entertaining area would be along side of house as we have an irregular backyard and want to make use of the side as… 0 4355 Hello, I am looking to install a fence but I tried to dig the holes with a post digger I realised the sand is very runny. Very, very runny. It just slides off the sides… 0 11238 |