Browse Forums Building A New House 1 Jan 04, 2009 7:32 am Ok all....Now i am starting to settle into my new home I have an little problem and was wondering if anyone else has hit something similar and if anyone has any suggestion as to how to tackle it.
I would like to get my side fence errected however my neighbour is trying to sell his block and has been trying for some time now....I sent him a quote and notice about 3 weeks ago and I know he requires a month in order to respond etc however what if he doesn't? What can I do? Do I just take it to Magistrate? Also I would like the back fence errected too but this backs onto an estate...i am assuming I am going to get squat for this one..lol http://www.rentfreeatlast.blogspot.com/ Building in Berwick ----------------------------------------------------------- "Flying is learning how to throw yourself at the ground and miss." - Douglas Adams Re: Fencing issue 2Jan 04, 2009 7:54 am BlackRain is the ruling in your area that the neighbour has to pay for half regardless of what is happening on the land? In WA you have to give notice etc but you can not technically ask someone to pay for fencing if they are not at plate height with their house. So given it's vacant land does he have to cough up? Obviously if you build first it is only natural that you would seek approval from neighbours for the type of fencing and make a request for fencing $ but technically you have no right to demand $ until they are at plate height here. ( brickwork finished) Where you are I guess this would be the equivalent of framing done.
You maybe lucky and the neighbour might well intend to pay his/her share. We had an issue a while back with one of our neighbours not paying for fencing and attempting to sell the property. The only thing that saved us was that the purchaser found out and told the seller to payup or she wouldn't buy. Can you have something added to their land title to say fencing needs to be paid. I can't think what this is called but it is a legal attachment that is put on the property. So anyone buying the land would know they were up for fencing costs. The other alternative is not to put up a fence or to put up some sort of ugly starpicket and shadecloth affair as a temp fence just within your boundary until the land is sold and then approach the new owners about fencing. Re: Fencing issue 3Jan 04, 2009 8:13 am kexkez BlackRain is the ruling in your area that the neighbour has to pay for half regardless of what is happening on the land? In WA you have to give notice etc but you can not technically ask someone to pay for fencing if they are not at plate height with their house. So given it's vacant land does he have to cough up? Obviously if you build first it is only natural that you would seek approval from neighbours for the type of fencing and make a request for fencing $ but technically you have no right to demand $ until they are at plate height here. ( brickwork finished) Where you are I guess this would be the equivalent of framing done. Not 100% sure on this one but from what I read on the Fencing Quickguide at http://www.parliament.vic.gov.au/lawreform/inquiries/Fences%20Act/QuickGuide/sale.htm indicates I should be able to get something even if it is from the buyers of the block of land. This then answers your next statement too...lol Thing is how do I go about getting this tacked onto the title? Also can I just go ahead and start putting up a fence even though I have not heard anything? http://www.rentfreeatlast.blogspot.com/ Building in Berwick ----------------------------------------------------------- "Flying is learning how to throw yourself at the ground and miss." - Douglas Adams Re: Fencing issue 4Jan 04, 2009 10:34 am i just asked hubby. The wording was "restrictive covenant". It seems you can do this. Though it's best done under advisement so you don't get yourself into any legal tangle.
it supposedly shows up as an addendem on the title or something so anyone buying the land would know. I'm not 100% sure that was correct. I know we had restrictive covenants on building design etc our block when we built last time so that might be were DH is getting the term from rather than what i looked into when we had a fencing issue. Re: Fencing issue 5Jan 04, 2009 12:52 pm Quote: Also can I just go ahead and start putting up a fence even though I have not heard anything? Personally I wouldn't as I think its fraught with danger. IF he sells -- who knows the next owner may want something different from what you have erected. You could also have the problem from the new owners thinking the previous owner paid their share. Be patient. Then press the current owner once his response time has lapsed. Arfur Re: Fencing issue 6Jan 04, 2009 1:18 pm Uncle Arfur Quote: Also can I just go ahead and start putting up a fence even though I have not heard anything? Personally I wouldn't as I think its fraught with danger. IF he sells -- who knows the next owner may want something different from what you have erected. You could also have the problem from the new owners thinking the previous owner paid their share. Be patient. Then press the current owner once his response time has lapsed. well according to our covanent we can only have a 1.8 capped timber fence as a standard anyway so there is little choice on what we can choose. In regards to being patient if the sale of his land so far has been any indication I could be waiting another year and I would like to fence off my property as soon as possible. http://www.rentfreeatlast.blogspot.com/ Building in Berwick ----------------------------------------------------------- "Flying is learning how to throw yourself at the ground and miss." - Douglas Adams thanks Chippy, i hope they have applied sealer but i am doubt to be honest, so i am gonna do this job after handover. 8 16268 2 5923 |