Browse Forums Building A New House 1 Dec 01, 2009 6:29 pm Hi all, A bit of an odd fencing question for you all, if anyone can help, that'd would be GREAT! We have come to the end of our build and intend on erecting a fence, we have one neighbour to contend with, we don't know who they are which means applying to council to find out who they are which is a lengthy process (from previous experience) we have already picked what "we" want, style, colour, size etc etc ordered it and paid for it in full without conversing with said neighbour, we also intend on erecting the fence ourselves with the help of an engineer friend of my DH's and willing to foot the full cost of fence ourselves, so my question is: Do we legally have to erect the fence on "our" property or can it be erected on the boundary??? Considering we haven't spoken to the neighbour! We have figured for all the hassle of chasing these people down, waiting the legal 30 days before we can erect the fence, the christmas timing, comprimising on color, choice of fence, we will just pay for it all and be done with it, we figure the amount of money we get back isn't worth the hassle, but we still need to know where we stand legally about erecting a fence on the boundary that the neighbours may jack up about. Any ideas??? I have looked at the fences act 1968 with no luck. Building Thread viewtopic.php?f=31&t=13002 Site start: 8th July 2009 Handover: 11/12/2009! 5 months total build time. 40 sqs of luxuary...Bliss! Re: An odd fencing question? 4Dec 01, 2009 8:29 pm As far as I know you can legally do all of that... but you may also get your neighbour off side. Doing what you suggest could possibly be seen as very arrogant. Discussing fencing with neighbours isn't only about money, it's also about courtesy and respect. I'd like to think my neighbours would at least have a conversation with me before they just went ahead and erected something. I leave you to fend for yourself, figure things out yourself. Terrence Malick Re: An odd fencing question? 5Dec 01, 2009 8:50 pm I guess you really need to think about how you would feel if you were them. Say you go and visit your block next week and your neighbours have erected a fence for the type, colour etc that "they" want. Do you have any covenants that restrict the type, size and colour? Re: An odd fencing question? 6Dec 01, 2009 8:59 pm joles As far as I know you can legally do all of that... but you may also get your neighbour off side. Doing what you suggest could possibly be seen as very arrogant. Discussing fencing with neighbours isn't only about money, it's also about courtesy and respect. I'd like to think my neighbours would at least have a conversation with me before they just went ahead and erected something. I have to say I agree - your neighbour may not give a monkeys what type of fence it is, BUT there is a chance they WILL. I would be really peeved if my neighbours all erected the fence they wanted, and I ended up with multicolour/various materials of fencing. I have just recently sorted this with my neighbours (4 of them) and thank goodness they all want the same type and colour, so no technicolour fencing for me, yah Building on the Sunshine Coast - Land settled 22nd July 2009 Building contract finally signed (after much deliberation on our part) 11th November 2009 Building commences 25th January 2010 - small local builder End of June - almost completed fit out 26th July - MOVE IN DAY!!!!!!!!!!!!!! Re: An odd fencing question? 7Dec 01, 2009 9:03 pm joles As far as I know you can legally do all of that... but you may also get your neighbour off side. Doing what you suggest could possibly be seen as very arrogant. Discussing fencing with neighbours isn't only about money, it's also about courtesy and respect. I'd like to think my neighbours would at least have a conversation with me before they just went ahead and erected something. I can definalty see what your saying and agree to a certain extent. We are trying to chase them down via small town know how, so therefore not completly not trying, we simply just don't have the time to go through council to find out who they are, my DH has limited time off around this time of year through to about May, as does his engineer friend thats helping us. We realise it's not just about money, but figure if we are willing to pay for it all, then we should be able to pick colours etc etc ourselves, it would be a completly different story if we could chase them down in a timely manner, we would be more than considerate of their opinions etc etc, this is just not the case and we are on limited time, with 4 young kids needing to be contained and us moving within the next 2 weeks, time is the main issue here. We are the ones on time restraints here, therefore another reason we are willing to foot the whole bill, as this is not our neighbours problem. We have already wasted 6 weeks applying to council for the owners details, which were then sent to us, we then sent a registered letter of intent to erect said fence, to which they replied the block has been recently sold and settled and is no longer ours, you will need to re-apply to council, as we don't have their details! ARRRGGHHHH So there you have it, we have ran completly out of time, not sure if this is a good enough reason to go ahead with things the way we need/want to but just needed to know the legalities of it all. Thanks for your opinion! Mel_24_ i would think the fence could be on the boundry but dont expect your neighbour to pay half as they have not been informed of the proposed fence This is the whole point, we WOULDN'T be expecting ANYTHING from them... Ms Builder I guess you really need to think about how you would feel if you were them. Say you go and visit your block next week and your neighbours have erected a fence for the type, colour etc that "they" want. Do you have any covenants that restrict the type, size and colour? I guess we wouldn't be particularly happy about it, but may have at least tried to meet our neighbours that are quiet clearly at the end of their build, we would automatically assume they would want to erect some sort of fencing and try to introduce ourselves asap. (to which they have NOT done, nor have even been sited looking at their block, by anyone.) Our covenants states we can erect basically ANY type of fencing we please, but we are following the colourbond trend in the estate, albeit a different, but similar colour. (everyone has picked difference colours.) Thanks for your post. ETA: Are we just better off putting the fence 50-100mm off the boundary, on our property and be done with it, therefore neighbours can still erect a fence on the boundary if they need/want to? We are really confused about what to do? Building Thread viewtopic.php?f=31&t=13002 Site start: 8th July 2009 Handover: 11/12/2009! 5 months total build time. 40 sqs of luxuary...Bliss! Re: An odd fencing question? 8Dec 01, 2009 9:13 pm I believe even if fence is not on boundary it is still considered property of both owners, if the fence's purpose is to fence your property from theirs - the same applies about ownership even if one person pays for it. - This is in fences act 1975. Yes you could go ahead and build the fence and pay for it - but it still comes down to being courteous to your neighbours and making the effort to see what type of fence, colour, height that they would want also. Re: An odd fencing question? 9Dec 01, 2009 9:18 pm bluesteel I believe even if fence is not on boundary it is still considered property of both owners, if the fence's purpose is to fence your property from theirs - the same applies about ownership even if one person pays for it. - This is in fences act 1975. Yes you could go ahead and build the fence and pay for it - but it still comes down to being courteous to your neighbours and making the effort to see what type of fence, colour, height that they would want also. I agree about being courteous to them and see what you and others are saying, so we should just wait untill after May to erect the fence and within this time, we will be able to chase them down and find out who they are and agree on what we all want??? The fencing act 1975 is actually for SA, we are in Victoria and go by the fencing act 1968, which possibly could be similar in what your saying, but thought I would clarifiy for others who may be reading. Thanks again for your opinion. Building Thread viewtopic.php?f=31&t=13002 Site start: 8th July 2009 Handover: 11/12/2009! 5 months total build time. 40 sqs of luxuary...Bliss! Re: An odd fencing question? 10Dec 01, 2009 9:23 pm No worries - I know fencing is such a pain
Just wondering why it would take till May? Sorry did not see second bit Once your find out who they are, serve notice, then you can erect in 30 days if they don't object or is it different in Vic. Good luck with it Re: An odd fencing question? 11Dec 01, 2009 9:24 pm I can't believe (feel sorry for you!) the drama you are having with sourcing contact details... Makes me feel very lucky - I just phoned the land sales agent and said I would like to get in contact with the person at xxx lot number, and they phoned them to see if it was okay to pass on the details - all done on the same day... and we went from there. I'm not sure either whether you should do the fence on your boundary, because your neighbour may be relying upon you to pay for 1/2 of the fence between the two of you, but would actually like some input as to what that fence will be, not to have to have 2 fences if they didn't like your choice and they have to pay 100% of their own... Eeeek, its a hard one - almost can't win!! Building on the Sunshine Coast - Land settled 22nd July 2009 Building contract finally signed (after much deliberation on our part) 11th November 2009 Building commences 25th January 2010 - small local builder End of June - almost completed fit out 26th July - MOVE IN DAY!!!!!!!!!!!!!! Re: An odd fencing question? 12Dec 01, 2009 9:26 pm For Bluesteel... pinkfairymagic We are trying to chase them down via small town know how, so therefore not completly not trying, we simply just don't have the time to go through council to find out who they are, my DH has limited time off around this time of year through to about May, as does his engineer friend thats helping us. We realise it's not just about money, but figure if we are willing to pay for it all, then we should be able to pick colours etc etc ourselves, it would be a completly different story if we could chase them down in a timely manner, we would be more than considerate of their opinions etc etc, this is just not the case and we are on limited time, with 4 young kids needing to be contained and us moving within the next 2 weeks, time is the main issue here. We are the ones on time restraints here, therefore another reason we are willing to foot the whole bill, as this is not our neighbours problem. We have already wasted 6 weeks applying to council for the owners details, which were then sent to us, we then sent a registered letter of intent to erect said fence, to which they replied the block has been recently sold and settled and is no longer ours, you will need to re-apply to council, as we don't have their details! ARRRGGHHHH So there you have it, we have ran completly out of time, not sure if this is a good enough reason to go ahead with things the way we need/want to but just needed to know the legalities of it all. Building Thread viewtopic.php?f=31&t=13002 Site start: 8th July 2009 Handover: 11/12/2009! 5 months total build time. 40 sqs of luxuary...Bliss! Re: An odd fencing question? 14Dec 01, 2009 9:32 pm Have they started building yet? If not, fences are probably the last thing on their mind! And they would probably expect the fence to go up without their input. But if they have, you could have a chat to their builder? We are in a similar situation, but on the other side - our neighbours on both sides are in and want to put the fences up but we live interstate so a bit tricky to get onto us! They just asked our builder what our intentions were and both sets of neighbours have thankfully decided to wait for us to move in. Re: An odd fencing question? 15Dec 01, 2009 9:37 pm MandyandPete Have they started building yet? If not, fences are probably the last thing on their mind! And they would probably expect the fence to go up without their input. But if they have, you could have a chat to their builder? We are in a similar situation, but on the other side - our neighbours on both sides are in and want to put the fences up but we live interstate so a bit tricky to get onto us! They just asked our builder what our intentions were and both sets of neighbours have thankfully decided to wait for us to move in. No such luck, unfortunatly MandyandPete. They haven't started building, block has only settled and transferred into their name, apparently approx a month ago. I am trying to get in contact with the real estate agent that sold them the block, but no doubt I will be told, "Due to the privacy act I can't disclose this infomation to you"! But still worth a try, I will be calling them tomorrow, wish me luck. I have also been asking around the community to see if ANYONE knows who has bought it, but nothing! We are quiet good friends with our other neighbours on the otherside (nature reserve divides us) and have asked them if they have seen anyone there checking out their block, but NOTHING! Arrrrggghhhhhh so frustrating! Building Thread viewtopic.php?f=31&t=13002 Site start: 8th July 2009 Handover: 11/12/2009! 5 months total build time. 40 sqs of luxuary...Bliss! Re: An odd fencing question? 16Dec 01, 2009 9:40 pm Ask the agent to simply pass on a letter on your behalf. There's no breach of privacy then. Stamp it for them and everything, just leave it to them to fill in the name and address and post it. Easy-peasy. I once rang a local council to find out the owner of a number of properties (in my "official" capacity at work, but on the phone? ....I could have been anyone ) and whether it was owner-occupied, and they just told me over the phone. Names, addresses, the lot. Try ringing and giving yourself a fake official-sounding title and see how you go. Re: An odd fencing question? 17Dec 02, 2009 11:46 pm If there is no house built on the adjoining block, you can put up whatever fence you like, but you are unable to claim 1/2 of the cost. You can only claim it once a property is built/being built on the adjoining land. This is what I did when I built a new house in an estate. I wouldn't bother trying to find out who the neighbor is. They will have to deal with the fence once their house is built...they will not be looking at fencing as their highest priority at the start of their building process. This usually get done right near the end! http://www.slp.wa.gov.au/pco/prod/FileS ... penElement Excerpt Below: Part II — Construction of dividing fences 7. Liability of owners of adjoining lands to fence Subject to this Act the owners of adjoining lands not divided by a sufficient fence are liable to join in or contribute in equal proportions to the construction of a dividing fence between those lands. 8. Notice to fence to be given An owner of land desiring to compel the owner of adjoining land to join in or contribute to the construction of a dividing fence under this Act may give him a notice which shall — (a) specify the boundary to be fenced, or if on account of the physical features of the adjoining lands it is impracticable to construct a fence on the common boundary of those lands, the line upon which it is proposed to construct the fence; (b) contain a proposal for fencing the common boundary or other line; and (c) specify the kind of fence proposed to be constructed. Cheers pdaemon Re: An odd fencing question? 18Dec 03, 2009 9:01 am pdaemon If there is no house built on the adjoining block, you can put up whatever fence you like, but you are unable to claim 1/2 of the cost. You can only claim it once a property is built/being built on the adjoining land. This is what I did when I built a new house in an estate. I wouldn't bother trying to find out who the neighbor is. They will have to deal with the fence once their house is built...they will not be looking at fencing as their highest priority at the start of their building process. This usually get done right near the end! http://www.slp.wa.gov.au/pco/prod/FileS ... penElement Excerpt Below: Part II — Construction of dividing fences 7. Liability of owners of adjoining lands to fence Subject to this Act the owners of adjoining lands not divided by a sufficient fence are liable to join in or contribute in equal proportions to the construction of a dividing fence between those lands. 8. Notice to fence to be given An owner of land desiring to compel the owner of adjoining land to join in or contribute to the construction of a dividing fence under this Act may give him a notice which shall — (a) specify the boundary to be fenced, or if on account of the physical features of the adjoining lands it is impracticable to construct a fence on the common boundary of those lands, the line upon which it is proposed to construct the fence; (b) contain a proposal for fencing the common boundary or other line; and (c) specify the kind of fence proposed to be constructed. Cheers pdaemon Whilst I appreciate your input pdaemon, I have a feeling it may be irrelevent to my situation as this is WA laws and I am in Victoria, I am pretty sure they stipulate different laws. Please correct me if I'm wrong though. Building Thread viewtopic.php?f=31&t=13002 Site start: 8th July 2009 Handover: 11/12/2009! 5 months total build time. 40 sqs of luxuary...Bliss! Re: An odd fencing question? 19Dec 03, 2009 9:04 am Thanks Kek, great idea! Building Thread viewtopic.php?f=31&t=13002 Site start: 8th July 2009 Handover: 11/12/2009! 5 months total build time. 40 sqs of luxuary...Bliss! Re: An odd fencing question? 20Dec 03, 2009 1:06 pm pinkfairymagic Whilst I appreciate your input pdaemon, I have a feeling it may be irrelevent to my situation as this is WA laws and I am in Victoria, I am pretty sure they stipulate different laws. Please correct me if I'm wrong though. Hi PFM, I found http://www.fencingonline.com.au/disputes/victoria.htm To be quite useful last night when i was looking at fencing regs for victoria . It has a bunch of direct links to both the regulations, a list of individual council links and info about dispute resolution etc. Worth a look if only as its a whole lot easier than trying to navigate local council websites. 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