Browse Forums Building A New House 1 Nov 11, 2009 3:46 pm Hi All, We have just moved into my new house in Yammerbook Way Cascad on Clyde. We thought it would be a happy beginning until we discuss the fencing issue with one of our neighbors on the left (he-who-cannot-be-named). I called he-who-cannot-be-named a week before we moved in to discuss the fence and he said he got his mate who can build the fence cheaper. So I suggest to meet up with him to look at the quote (I have mailed him the quote of my). In the meeting, the quote turn out to be just a inkjet printout with no company name except the cost and material written by hand. I have an impression the fence could end up be a one. I suggested to use my fencer and I can pay for the price gap between two quote and he accepted verbally. He-who-cannot-be-named also brought up some issues he observed on the fence around the neighbors and I said I will talk to the fencer see if they can be addressed. The issues turned out to be common issues for all fence. After a few phone calls with he-who-cannot-be-named, I have an impression that he is trying to avoid/delay paying his portion of the fence. He refused to sign the quotation slip and said he will pay me in cash/cheque for me to settle the fence cost. But there are new development/reasons from him everytime I call him for payment. I am now still living in my new house without fence and this is the third week. What should I do? Any advice? regards, extremely unlucky sipatkung Re: ******* neighbor trying to evade his portion of the fence cost 3Nov 11, 2009 4:13 pm dadandsue Serve him with a fencing notice. Do it legally and then you cover yourself. Verbal communication is worthless ^^ I agree. Blog: http://bluemistkids.blogspot.com "Never be afraid to try something new. Remember, amateurs built the ark, and professionals built the Titanic." Re: ******* neighbor trying to evade his portion of the fence cost 4Nov 11, 2009 6:58 pm x 3 ’’Quondo Omni Flunkus Mortati ’’ If the women don't find you handsome, they should at least find you handy. Stila BK1 Build Thread The best place to talk about sport Re: ******* neighbor trying to evade his portion of the fence cost 5Nov 11, 2009 9:26 pm Welcome to Yammerbook, fences seem to be the issue that makes or breaks a good relationship with your new neigbours, hopefully you can work out your differences soon, there are more important things in life to worry about than a fence. If you find yourself walking around the block, drop in to #33 & say hello.. 25 years in the planning. Inspired Homes - Townsend 288 (moved in 1/8/09) Re: ******* neighbor trying to evade his portion of the fence cost 6Nov 11, 2009 10:52 pm For a fence novice, what is the ruling on fence cost? I know it must be shared but are there any guidelines as to how much the quote should be depending on the length of fencing etc. I ask because our block has a rear fence which we will need to contribute towards that is already up. I know my neghbour did it himself so what is the process for deciding how much to pay him? Re: ******* neighbor trying to evade his portion of the fence cost 7Nov 12, 2009 6:41 am buildinginjindalee For a fence novice, what is the ruling on fence cost? I know it must be shared but are there any guidelines as to how much the quote should be depending on the length of fencing etc. I ask because our block has a rear fence which we will need to contribute towards that is already up. I know my neghbour did it himself so what is the process for deciding how much to pay him? Legally you only have to pay half for the fence if you were sent a notice for "intention to erect a fence" Send your neighbour this form, you can find it via google, and if you dosnt respond to the letter, after 30 days you can build it, and if he dosnt pay you, the courts are on your side. Regarding the neighbour who built it himself, I would ask for receipts for the materials and pay half, regarding his labour, did he ask you or a friend to help? If he didnt give you a chance for you to help supply labour I would not be paying him for that. How long have you owned the property? If the fence was up before you bought it, I would not be contributing at all, its the old owners cost. Have fun, I think you learn a lot about people when fences and money comes into it. I have learnt my neighbours are not normal people. Re: ******* neighbor trying to evade his portion of the fence cost 8Nov 12, 2009 6:52 am Can you send a fencing notice to the developer?? We have two sides on our block which are yet to be sold, does that mean we have to wait for someone to buy nextdoor before we can build a fence? Build thread: viewtopic.php?f=31&t=32574 Re: ******* neighbor trying to evade his portion of the fence cost 9Nov 12, 2009 7:34 am shellb78 Can you send a fencing notice to the developer?? We have two sides on our block which are yet to be sold, does that mean we have to wait for someone to buy nextdoor before we can build a fence? You sure can, I have Here in Victoria there is a Fencing Act and as the developer are the current owners of the land they need to pay for their share of the fences. Please keep in mind the fencing laws are different in each state 'A bottle of wine contains more philosophy than all the books in the world.' Louis Pasteur Vegie garden: viewtopic.php?f=19&t=27637&start=0 My Backyard Adventure Re: ******* neighbor trying to evade his portion of the fence cost 10Nov 12, 2009 8:16 am lisanne shellb78 Can you send a fencing notice to the developer?? We have two sides on our block which are yet to be sold, does that mean we have to wait for someone to buy nextdoor before we can build a fence? You sure can, I have Here in Victoria there is a Fencing Act and as the developer are the current owners of the land they need to pay for their share of the fences. Please keep in mind the fencing laws are different in each state Thanks! I am in Vic too! Very good to know that either way we won't have to wait until the other blocks are sold before we can fence ours! Build thread: viewtopic.php?f=31&t=32574 Re: ******* neighbor trying to evade his portion of the fence cost 11Nov 12, 2009 8:21 am buildinginjindalee For a fence novice, what is the ruling on fence cost? I know it must be shared but are there any guidelines as to how much the quote should be depending on the length of fencing etc. I ask because our block has a rear fence which we will need to contribute towards that is already up. I know my neghbour did it himself so what is the process for deciding how much to pay him? I'd be paying half of the materials and then also something for his labour. If not money, perhaps a slab or a couple of bottles of Scotch or something? If they are not drinkers, some plants? But I'd give something extra as a token of appreciation. I know that you legally don't have to, and you have no obligation, etc, etc.... but there is also what you should do because it is the right thing. That's what makes good neighbours. I leave you to fend for yourself, figure things out yourself. Terrence Malick Re: ******* neighbor trying to evade his portion of the fence cost 12Nov 12, 2009 8:27 am shellb78 lisanne shellb78 Can you send a fencing notice to the developer?? We have two sides on our block which are yet to be sold, does that mean we have to wait for someone to buy nextdoor before we can build a fence? You sure can, I have Here in Victoria there is a Fencing Act and as the developer are the current owners of the land they need to pay for their share of the fences. Please keep in mind the fencing laws are different in each state Thanks! I am in Vic too! Very good to know that either way we won't have to wait until the other blocks are sold before we can fence ours! dont get your hopes up *yet*.. when we bought our block of land there was a fence condition in the S32... if the vendor is the owner of any adjoining properties at the time of fencing, his contribution was to be $1 to the total cost of fencing check your S32 as a lot of developers are using this condition now... its ******* as and I hate it Re: ******* neighbor trying to evade his portion of the fence cost 13Nov 12, 2009 9:42 am Dear Folks, My fencer has sent him a fence notice many months ago and an emergency notice three weeks ago. He-who-cannot-be-named told my fencer that he will talk to me and all I got is verbal stuffs (except that Inkjet printout quotation from his mate/fencer). Last week, He-who-cannot-be-named said he doesn't want to sign the slip from my fencerbut he can send me a cheque to cover his portion. But he failed to turn up twice and there are reasons given for his no show. With the emergency note from my fencer to him, I should be able to install the fence and chase him for payment later. Any advice? The most upset house owner in Yammerbook way (some said the universe), Sipatkung Re: ******* neighbor trying to evade his portion of the fence cost 14Nov 12, 2009 9:52 am XT4V dont get your hopes up *yet*.. when we bought our block of land there was a fence condition in the S32... if the vendor is the owner of any adjoining properties at the time of fencing, his contribution was to be $1 to the total cost of fencing check your S32 as a lot of developers are using this condition now... its ******* as and I hate it Yeah well if someone doesn't pick that up before hand then in all honesty it's their own fault/problem 'A bottle of wine contains more philosophy than all the books in the world.' Louis Pasteur Vegie garden: viewtopic.php?f=19&t=27637&start=0 My Backyard Adventure Re: ******* neighbor trying to evade his portion of the fence cost 15Nov 12, 2009 10:08 am lisanne XT4V dont get your hopes up *yet*.. when we bought our block of land there was a fence condition in the S32... if the vendor is the owner of any adjoining properties at the time of fencing, his contribution was to be $1 to the total cost of fencing check your S32 as a lot of developers are using this condition now... its ******* as and I hate it Yeah well if someone doesn't pick that up before hand then in all honesty it's their own fault/problem so what you're implying is - dont buy a block if this S32 is in it? even if it was picked up before the sale (like in my case), the vendor/developer wont budge.. I dont know about you, but I wouldnt miss a block that I really wanted for the sake of $1500. Re: ******* neighbor trying to evade his portion of the fence cost 16Nov 12, 2009 10:16 am XT4V lisanne XT4V dont get your hopes up *yet*.. when we bought our block of land there was a fence condition in the S32... if the vendor is the owner of any adjoining properties at the time of fencing, his contribution was to be $1 to the total cost of fencing check your S32 as a lot of developers are using this condition now... its ******* as and I hate it Yeah well if someone doesn't pick that up before hand then in all honesty it's their own fault/problem so what you're implying is - dont buy a block if this S32 is in it? even if it was picked up before the sale (like in my case), the vendor/developer wont budge.. I dont know about you, but I wouldnt miss a block that I really wanted for the sake of $1500. I never said don't buy the block, but if you don't pick it up and aren't aware of it then it's kinda silly as people should be reading their contracts 'A bottle of wine contains more philosophy than all the books in the world.' Louis Pasteur Vegie garden: viewtopic.php?f=19&t=27637&start=0 My Backyard Adventure Re: ******* neighbor trying to evade his portion of the fence cost 17Nov 12, 2009 11:09 am Quote: My fencer has sent him a fence notice many months ago If this is the notice of intent to erect a fence, his lack of reply agrees to the notice. To disupte this notice he needs to do so in writing within 30 days. If he has not done so, legally he is obligated to pay for the costs as per the notice. If he dosn't pay, you need to go to court, and you will win. Court costs for this is less than $50 in SA. Good luck. Legally you have to pay the fencing contractor the whole amount and you sue your neighbour. Those are the rules in SA anyway. Re: ******* neighbor trying to evade his portion of the fence cost 18Nov 12, 2009 11:27 am buildingwithhamra Quote: My fencer has sent him a fence notice many months ago If this is the notice of intent to erect a fence, his lack of reply agrees to the notice. To disupte this notice he needs to do so in writing within 30 days. If he has not done so, legally he is obligated to pay for the costs as per the notice. If he dosn't pay, you need to go to court, and you will win. Court costs for this is less than $50 in SA. Good luck. Legally you have to pay the fencing contractor the whole amount and you sue your neighbour. Those are the rules in SA anyway. Buildingwithhamra, You are right! I guess my problem has been resolved 50%. I am tired of facing the darkside of human nature. I will go ahead to build the fence and serve him the bill later. Thanks for the enlightenment. I appreciate the word of wisdom. regards, Sipatkung Re: ******* neighbor trying to evade his portion of the fence cost 19Nov 13, 2009 10:01 am sipatkung buildingwithhamra Quote: My fencer has sent him a fence notice many months ago If this is the notice of intent to erect a fence, his lack of reply agrees to the notice. To disupte this notice he needs to do so in writing within 30 days. If he has not done so, legally he is obligated to pay for the costs as per the notice. If he dosn't pay, you need to go to court, and you will win. Court costs for this is less than $50 in SA. Good luck. Legally you have to pay the fencing contractor the whole amount and you sue your neighbour. Those are the rules in SA anyway. Buildingwithhamra, You are right! I guess my problem has been resolved 50%. I am tired of facing the darkside of human nature. I will go ahead to build the fence and serve him the bill later. Thanks for the enlightenment. I appreciate the word of wisdom. regards, Sipatkung Don't rush it. If it's the same in Vic as it is in QLD, you need to go to small claims to get a court order BEFORE you have any legal grounds to claim the money back from him. Wait the 30 days, go to small claims THEN build. We had the same problem with our neighbour who eventually came up with 97% of the money. The fence went up the day their builder started construction Your neighbour sounds like a nob. Seriously people: If you can't afford to pay for a fence, don't buy a F@#$%^g block of land!!!!!!!! It's not rocket science. "Losers" "humanity" "off time" "your" "top notch" "love symbol" Sounds like ponzo is done using other people's toilets 36 23894 Unless there were unforeseeable issues with the site, I dont think you should have to pay for contractors errors or poor planning. I'd probably try and be reasonable and… 5 4529 |