Browse Forums Building A New House Re: new neighbours built a fence without asking us :( 21Sep 08, 2009 12:16 pm Correct! You will be responsible for 100% of the fence if the land has not been released (generally the developer puts a clause in the contract stating that they are not responsible for fencing). Building with Dennis Family Homes - Hartley 280 Location: Settlers Run, Botanic Ridge Re: new neighbours built a fence without asking us :( 22Sep 08, 2009 12:27 pm Casa2 buildingwithhamra Legally you dont have to pay, but morally you need a fence eventually so should pay. Legally and morally you don't have to pay! Well, the fact that he keeps dumping his building rubbish (his never ending DIY renovations) on my land and I have to keep warning him to remove each time where he have no fence (front yard) makes me think I will have to build a fence at the front without consulting him and bill him for half the cost. And you guessed it he is not in favour of fencing the front yard! Fair is fair, do you think? Re: new neighbours built a fence without asking us :( 23Sep 08, 2009 12:37 pm rj_louise Correct! You will be responsible for 100% of the fence if the land has not been released (generally the developer puts a clause in the contract stating that they are not responsible for fencing). I found the Queensland Dividing Fence Act... not sure .. but my interpretation of this mumbo jumbo is that when an owner finally rocks up.. I can ask them to pay half: http://www.legislation.qld.gov.au/LEGIS ... fenA53.pdf Rights of persons fencing boundaries of certain Crown land Where the owner of land has constructed a dividing fence separating the owner’s land from adjoining land that, at the time of the construction of the fence, is such that in relation to it there is no person who is liable, under the provisions of this Act other than this section, to join in or contribute to the construction, that owner may, subject to any Act that modifies the application of this Act to the adjoining land, recover from the person who at that time holds the adjoining land from the Crown or, where the adjoining land is at that time unalienated Crown land, from the person who first becomes the holder of the adjoining land from the Crown one-half the value of the dividing fence assessed as at the date of its construction or as at the date when the holder of the adjoining land becomes liable under this section to contribute to the construction of the fence, whichever is the less amount. We are in an estate... so the land is owned by Stockland.. not the Crown... so does that change the rules ? Its all very confusing! Re: new neighbours built a fence without asking us :( 24Sep 08, 2009 11:38 pm Quote: Well, the fact that he keeps dumping his building rubbish (his never ending DIY renovations) on my land and I have to keep warning him to remove each time where he have no fence Quote: Legally and morally you don't have to pay! Casa2 I hope you are never my neighbour. People have pets and need to enclose their yards, and have the right to privacy and the right to secure their belonging. Sometimes a 30 day notice is not possible, and for you to think you should not contribute at all to a fence that is needed and which will eventually be built is wrong. Re: new neighbours built a fence without asking us :( 25Nov 06, 2009 11:05 am [JADED] rj_louise Correct! You will be responsible for 100% of the fence if the land has not been released (generally the developer puts a clause in the contract stating that they are not responsible for fencing). I found the Queensland Dividing Fence Act... not sure .. but my interpretation of this mumbo jumbo is that when an owner finally rocks up.. I can ask them to pay half: http://www.legislation.qld.gov.au/LEGIS ... fenA53.pdf Rights of persons fencing boundaries of certain Crown land Where the owner of land has constructed a dividing fence separating the owner’s land from adjoining land that, at the time of the construction of the fence, is such that in relation to it there is no person who is liable, under the provisions of this Act other than this section, to join in or contribute to the construction, that owner may, subject to any Act that modifies the application of this Act to the adjoining land, recover from the person who at that time holds the adjoining land from the Crown or, where the adjoining land is at that time unalienated Crown land, from the person who first becomes the holder of the adjoining land from the Crown one-half the value of the dividing fence assessed as at the date of its construction or as at the date when the holder of the adjoining land becomes liable under this section to contribute to the construction of the fence, whichever is the less amount. We are in an estate... so the land is owned by Stockland.. not the Crown... so does that change the rules ? Its all very confusing! I am in the same situation now. We have fences behind us and the builder next door has just erected a fence - they knew we were living there as I had spoken to the Customer Service Rep about this issue however they went ahead and erected the fence without giving me any written notification/quote etc. From reading the above comments, it suggests i DON'T need to pay for half, is that correct? The other side of our house has no fence and no one has bought the land so it still belongs to developers. So the above act suggests i fork out 100% then wait around til someone buys it and then bill them for 50%. Please correct me if i'm wrong. I live in QLD if that makes difference Re: new neighbours built a fence without asking us :( 26Nov 06, 2009 11:49 am Im glad that the lots in our estate all include free fencing and standardised colour. So we shouldn't have to worry about who pays or what colour to decide on. 12 March 2010 - Land titles received 3 April 2010 - Signed building contract 14 April 2010 - Prestart 28 April 2010 - Loan approved 30 June 2010 - Slab completed 27 August 2010 - Brickwork completed 22 September 2010 - Roofing completed 30 September 2010 - Internal walls plastered 12 October 2010 - Lock Up 19 November 2010 - PCI 26 November 2010 - Handover 29 December 2010 - Moved In https://forum.homeone.com.au/viewtopic.php?f=31&t=32584 Re: new neighbours built a fence without asking us :( 27Nov 06, 2009 3:42 pm helen9 The other side of our house has no fence and no one has bought the land so it still belongs to developers. So your neighbour is the developer. They might not live there, but they still own the land. Approach them to get 50% of the fence that they share with you. This certainly doesn't look good. I would be engaging with an independent inspector to have a look at this. As for the unscheduled site visits, most builders are quite… 1 28290 Elvis has left the building... The site supervisor quit after 2 month on the project. I guess he was just instructed to bark at people, but didn't like when he was… 26 20864 Hi, I contracted a Builder to do a Garage to Bedroom + ensuite conversion (Class 1a), the Builder engaged the Certifier and Engineer and received BDA from the Certifier… 0 4997 |