Browse Forums Building A New House 1 Sep 03, 2009 6:53 pm Drove past our block today to see the one fence we still needed (between us and our only neighbours) has been erected - news to me! Don't they have to approach us first so we can agree on a quote? It was a house and land package that was only just sold like 2wks ago... Should I contact my estate agent, or just sit back and wait and see if I get a bill?? Cheers Caz Caz & Co ALL MOVED IN!! Now comes all the hard work-decorating.... [b]Blog: http://cazoraz.blogspot.com/ Settling in Thread: viewtopic.php?f=31&t=36993 Re: new neighbours built a fence without asking us :( 3Sep 03, 2009 6:56 pm cyclone is the fence on the border or a couple centimetres on their side ? ooh i dont know, could be more on their side now you mention it, it divides our properties and their garage forms part of it too, so maybe its on their property?? Caz & Co ALL MOVED IN!! Now comes all the hard work-decorating.... [b]Blog: http://cazoraz.blogspot.com/ Settling in Thread: viewtopic.php?f=31&t=36993 Re: new neighbours built a fence without asking us :( 4Sep 03, 2009 6:56 pm cazoraz Drove past our block today to see the one fence we still needed (between us and our only neighbours) has been erected - news to me! Don't they have to approach us first so we can agree on a quote? It was a house and land package that was only just sold like 2wks ago... Should I contact my estate agent, or just sit back and wait and see if I get a bill?? Cheers Caz Do you like the fence? Internal and External Building and Colour Consultant Online - Worldwide http://www.denovoconcepts.com Re: new neighbours built a fence without asking us :( 5Sep 03, 2009 7:06 pm If it is a house/land package, fencing was probably included in the package - if neighbours' builder is happy to shoulder full cost (which I think they are obliged to now, since they didnt approach you first) then bonus for you - money to spend on something else As long as you dont really hate the fence, then I think this is good news for you Re: new neighbours built a fence without asking us :( 6Sep 03, 2009 7:25 pm if your land has not settled yet then they are not obliged to talk to you, they are obliged to talk to the current owner whoever that may be. Also as others said you will not be responsible for paying it! 2nd build here we come in Whittlesea! https://forum.homeone.com.au/viewtopic.php?f=31&t=92617 1st Build - Henley - Cooper in Doreen! (2009) https://forum.homeone.com.au/viewtopic.php?f=31&t=17354 Re: new neighbours built a fence without asking us :( 7Sep 03, 2009 10:52 pm Legally you dont have to pay, but morally you need a fence eventually so should pay. Re: new neighbours built a fence without asking us :( 8Sep 03, 2009 10:58 pm Read the dividing fence act for your state, but if the builders of the fence wish you to pay half they must give written notification with quotes prior to the fence being built. Cheers Lou http://take2-customdesigndownslope.blogspot.com 07-10-09 omg they have cut the block 14-05-10 we finally have the keys Re: new neighbours built a fence without asking us :( 9Sep 04, 2009 7:38 am If it's not encroaching on your land, they can build a fence if they like. You only need notification if they want you to pay for half of it. Generally the house and land package people factor in the full price of the fence when they initially sell the house so they'll never ask for any money. Think of it as a benefit! One less fence you need to pay for. We were quite happy to find our back fence built one day by a house and land package company! Stevep79 & Principessa Finished building Wisdom Homes Impression 33mkII in The Ponds, Sydney http://lilypadintheponds.blogspot.com Re: new neighbours built a fence without asking us :( 11Sep 04, 2009 9:21 am CiNnY if your land has not settled yet then they are not obliged to talk to you, they are obliged to talk to the current owner whoever that may be. Also as others said you will not be responsible for paying it! As CiNyY says, if your land hasn't settled yet (which is what your signature says... ) then you don't pay anything. The current owners should have received a bill - and even if they didn't, nobody can claim costs from you, because you weren't the owner at the time the fence was built. Basically, it's not your problem and you have no legal OR moral obligation. Of course, if the fence is ugly, you might have cause for complaint. But that's between you and the vendor, since they've (technically) made improvements to the property, which I assume were not mentioned in the contract of sale. Re: new neighbours built a fence without asking us :( 12Sep 04, 2009 10:12 am stevep79 If it's not encroaching on your land, they can build a fence if they like. You only need notification if they want you to pay for half of it. Generally the house and land package people factor in the full price of the fence when they initially sell the house so they'll never ask for any money. ooh I like the sound of this! a fence is a fence, it looks fine to me, my only concern would be if they'd spent an unreasonable amount and then expected half. (had a bad experience with my last neighbour who insisted on replacing our existing fence with a 6ft high ridiculously expensive fence for no reason and refused to get otehr quotes ) fingers crossed i dont get a bill, yay for house & land packages! Caz & Co ALL MOVED IN!! Now comes all the hard work-decorating.... [b]Blog: http://cazoraz.blogspot.com/ Settling in Thread: viewtopic.php?f=31&t=36993 Re: new neighbours built a fence without asking us :( 15Sep 04, 2009 2:58 pm buildingwithhamra Legally you dont have to pay, but morally you need a fence eventually so should pay. I would be interested to know the obligations as well. I have been through different situations with neighbours; some agreeing to pay half and then never keeping the promise; others replacing an existing fence without consulting (regarding choice of colour or material) and then quoting me half. I am guessing that if the decision was made in your absence and they undertook to pay for it on their own, it is not your concern and they shouldn't have the audacity to bill you. Re: new neighbours built a fence without asking us :( 16Sep 04, 2009 3:29 pm The spec house next door (otherwise known as house and land package) put up the posts before discussing costs with us. We had a talk with our SS and he says that we didn't have pay anything towards it and even managed to get a privacy fencing done for us to match the one on the other side. Re: new neighbours built a fence without asking us :( 17Sep 07, 2009 11:37 pm Quote: others replacing an existing fence without consulting (regarding choice of colour or material) and then quoting me half. tho, Did you pay your half? If the fence is in a state of disrepair morally you should pay, but legally you do not have to as they did not consult with you. If they wanted a new colour or to move the fence to the correct spot, (ie the fence is in good condtion) generally if you disagree the court will not make you pay half. Re: new neighbours built a fence without asking us :( 18Sep 08, 2009 7:27 am cazoraz Generally the house and land package people factor in the full price of the fence when they initially sell the house so they'll never ask for any money. ooh I like the sound of this! a fence is a fence, it looks fine to me, my only concern would be if they'd spent an unreasonable amount and then expected half. (had a bad experience with my last neighbour who insisted on replacing our existing fence with a 6ft high ridiculously expensive fence for no reason and refused to get otehr quotes ) fingers crossed i dont get a bill, yay for house & land packages! [/quote] Caz, you seem to be missing the point. Forget about anything else, the question is: Has your land settled yet? If not, there IS no problem, because you don't own the land..... Re: new neighbours built a fence without asking us :( 19Sep 08, 2009 8:00 am 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! Demolition August 2009, Construction Started September 2009, Completed December 2010 Re: new neighbours built a fence without asking us :( 20Sep 08, 2009 11:56 am so we are building in a very new estate... one side already has a neighbour and a fence which is not an issue. Down the other side... the land hasnt even been released for sale yet. If we go and put a fence in straight away (which we have to as we have a dog) - does that mean whoever eventually buys that block is under no obligation to go halves with us ? 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 28319 Elvis has left the building... 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