Browse Forums Building Standards; Getting It Right! 1 Feb 10, 2011 5:44 pm Hi, We have a block that backs onto a council easement, with one neighbour. Our fences are in dire need of repair/replacement. Our neighbour is more than happy to share the cost of the fence at the back we share. However the largest fence backs onto council easement (not parklands) and I was wondering if the council is able to share the costs of replacing that particular fence with us? Looking at it, the primary reason is that the council land needs to be retained with a wall, which they haven't done, and the erosion is what is causing the back fence to fall. We are governed by the Gold Coast City Council, if that helps. Just wondering if it's possible, I can't have been the first to consider pursuing this, so thought I'd ask the Brains Trust! **** ADDITIONAL POINT: The council land is lower, and a small (<600mm) retaining wall will also need to be built on the boundary. I've added this as I've heard elsewhere that the retaining wall issue belongs to whoever has the lower land - not sure if that applies here but that would be the Council in this case. Re: Shared Boundary With Council - NEW FENCE REQUIRED 2Feb 10, 2011 6:02 pm Hi If it is only an easement the council are most unlikely to come to the party. Shared fencing costs only usually applies on the boundary between landowners. The fact that the council has an easement doesn't mean they own the land only they have limited rights on the land. The Harder You Try - the Luckier You Get ! Web site http://www.anewhouse.com.au Informative, Amusing, and Opinionated Blog - Over 600 posts on all aspects of building a new house. Re: Shared Boundary With Council - NEW FENCE REQUIRED 3May 09, 2011 10:28 am I worked for Penrith Council NSW about 6 years ago and for that area I would have said it wouldn't be a problem. E-mail the councilor who represents your ward with your problem and ask him/her to help you out. Even if they have no legal obligation to do all your asking they are elected to represent you. Councils do try to help ratepayers so you may be pleasently suprised. Especially given they have full time labour on the books to do this sort of work all year round for council land, it's just one extra small job for them. Let us know how you go, hopefully QLD doesn't have mean councils! Re: Shared Boundary With Council - NEW FENCE REQUIRED 4May 09, 2011 10:39 am Re: retaining wall - I believe it's the responsibility of who changed the land slope not who is the lower land. I.e. if you built up your land then you are responsible for the retaining. Re: Shared Boundary With Council - NEW FENCE REQUIRED 5May 09, 2011 11:00 am kdgirl, I don't think the land slope has ever actually been changed. It look like it used to be a more gentle slope, and the council easement has over the years given way and become eroded and steeper, with only my normal fence (not retaining) holding all the land in my yard - needless to say it's struggling! I'm pretty sure this is the case, that nothing's been deliberately changed but over the years my land has started sliding into the easement. Cheers, n Re: Shared Boundary With Council - NEW FENCE REQUIRED 6May 09, 2011 10:13 pm I know of lots of cases where council has shared the cost of dividing fences with land owners, this is in Brissy though, might be different on the Goldie. The best people to answer your question is the council themselves. Can't hurt to ask. Re: Shared Boundary With Council - NEW FENCE REQUIRED 7May 18, 2011 8:13 pm Put in a service request with your local council and follow it up in a week or so. If your not happy with their response then contact your local councillor and complain. You can also check what the legislation says about your rights: http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/D/DividFenA53.pdf Re: Shared Boundary With Council - NEW FENCE REQUIRED 8May 18, 2011 9:31 pm Check your land contract if you bought the land and built, or the sale of contract if you bought established. We have two boundaries on private land that will become council land once our estate is complete. It is noted in our land contract that we are solely responsible for all fences on those boundaries and it must be included in any contract of sale if we sell that the new owner is solely responsible for those fences. I leave you to fend for yourself, figure things out yourself. Terrence Malick Hi, I live in a single storey semi-detached house with a shared wall. All is well until my neighbour’s kid started piano lessons (using an upright piano) and the noise… 0 12895 Building Standards; Getting It Right! Hi everyone, My lot has just been titled and during the settlement we found that the rear pegs were not visible. We requested for a re-establishment and pegging plan… 0 18934 Hi, It’s important to keep in mind that dividing fences have thickness, so it’s impracticable to expect them to be wholly constructed within the neighbouring… 2 18377 |