fencing notice

clath · Dec 08, 2007 2:07 am

hello i need some advice. We have just received a early Christmas present from our future neigbours.. a fencing notice.

Their house has just been finished and apparently moving in before Xmas. They want the fence up. I know we are liable for half cost but im concerned that it may be to early to put it up as we are only in frame stage at the moment, and damage may occur to the fence by the tradies.

there is a temporary wire fence there so i guess the fence could be protected.

So i guess my question is .. is it too early too have a fence erected,? and if so when should it go up to be on the safe side?

Also should we get quotes.? as the neigbours seem to have gone ahead with the quote without my input.

Jet79 · Dec 08, 2007 8:04 am

I can't help with timing but you should have more than one quote and you also have to agree on the material that's being used. Are you happy with what they have chosen? I would definately get another quote yourself.

Casa2 · Dec 08, 2007 8:15 am

I agree. Get equal input into the type and colour of the fence and make sure you get copies of the quotes the neighbour has organised and get at least one quote of your own.

PhoenixStar · Dec 08, 2007 10:44 am

clath, speak with your builder, i know that there was an extra charge payable if boundary fences were up as there was limited access for the tradies. Some builders also ask that the fence be removed at certain stages - possibly again for access, but i'm not sure.

Also i'll see if i can dig out a name for a fencer out your way. We used this guy at our old place - VERY competitive and good quality work. I'll PM you if i find it. I think he was from Pakenham.

clath · Dec 08, 2007 2:36 pm

Thanks everyone for your advice. Ive been told to contact my builder about this as insurance may have to be taken out incase there is any damage.

I was also told they may want their fence up to protect their hotwater service ect and so it can be installed.

Phoenix i have read something about limited access .mayb in the building contract or land contract .that part of the fence may have to be pulled down if there is limited access.

Its a Colour bond fence with a particular colour due to covenants.

Any way im going to contact my builder .see what they say.

royalblue · Dec 08, 2007 2:56 pm

I reckon this calls for a meeting between all parties (yourself, your neighbour, and both your building supervisors). Have a conflab over a coffee or a beer. Keep it friendly, and you'll come to a logical and amicable conclusion.

If that fails, shoot the neighbours. Then they won't bother you any more! :wink:

Hey, that might be called 'going on the offensive!

Ash.

clath · Dec 08, 2007 3:12 pm

Or make sure father xmas dosent fit down their chimmney :wink:

perryr · Dec 10, 2007 11:09 am

I'm not sure that site access would come into this, would it?

From what you are saying, the house next door is finished - so there wouldn't be much site access available from their property.

I can understand their desire for a fence - I'd be guided by the builder I suppose, but a chat over a coffee never goes astray.

Let us know what happens - I'm interested as we may be in a similar situation.

Cheers

clath · Dec 10, 2007 11:12 pm

Perry i think the site access issue refers to being able to get access to my block... for building purposes. If the builders cant then the fence wouldnt be able to go up. and i guess potential damage could occur to the fence.

........... have told me to talk to my site supervisor and get his opinion. as generally they dont like fences going up until houses are finished.

Rodda · Dec 11, 2007 8:14 am

Hi Clath.

I think what Perry is getting at is that it shouldn't matter if there is a fence on the boundary with the neighbouring property (where the neighbours are actually going to be living) as your builder shouldn't be going onto their property at all - there should be a virtual fence there anyway...

So suggesting your builder would have a problem with not being able to access your block from your neighbour's - now that someone is living there (or will be?) it is no longer an option.

And I see the neighbours' want/need to get the fence up. When we first moved in (3 years ago this month) we had to get all of our boundaries' fences put up - except for 4m worth in one corner - as we wanted to be able to let our two young (2 and 4 at the time) children out to play in our backyard without them being able to wander off the property...

rellie · Dec 11, 2007 11:54 am

Neighbours on one side of our boundary are at lock up and have no problems getting the boundary fence done. We have two small boys and a dog so we wouldn't have been very impressed if they had wanted to delay getting them installed.

Lyn · Dec 11, 2007 2:47 pm

I think we were only at site scrape when our neighbour was almost finished. The fence went up then and we haven't had any issues at all. Now we are getting close to finished and the vacant block next door is proving an issue - fencer has only got to it this week, took months to locate the owners!!

clath · Dec 15, 2007 1:15 am

Well i rang the fencing company today, left a msg asking them to send me out a copy of the original fencing quote. Well they rang back..shock horror they have already put up the fence. :evil:

Lots of excuses they are busy and want to get it done before xmas blah blah blah. I know we have to pay half that dosent worry me but when a the notice to fence is sent out under law they supposed to give you 2 weeks to respond. well its only been 1 week since we got it.

Oh they have given me extended time to pay. :roll:

commodorenut · Dec 15, 2007 7:36 am

clath

Well i rang the fencing company today, left a msg asking them to send me out a copy of the original fencing quote. Well they rang back..shock horror they have already put up the fence. :evil:

Lots of excuses they are busy and want to get it done before xmas blah blah blah. I know we have to pay half that dosent worry me but when a the notice to fence is sent out under law they supposed to give you 2 weeks to respond. well its only been 1 week since we got it.

Oh they have given me extended time to pay. :roll:

If a neighbour erects a fence without you agreeing to it, you only have to pay half the amount of the minimum standard fence cost.

This situation arises when one neighbour is happy to have say 6 foot colourbond, whilst the other wants a double brick wall. The colorbond guy only has to pay for half the cost of the colorbond fence, while the one who wants the more exhorbitant fence pays the extra cost.

The solution here is to arrange another quote yourself, based on the fence they put up, and compare it. If your quote is cheaper by a significant margin, only pay half of your quote.

Or you could go one step further: Because they have effectively put it up & completed it without consulting you properly, you can treat this one as per the letter of the law where you only have to pay half the cost of a timber paling fence (or whatever the minimum standard is for your developer/land's covenent).

Cookiemonster · Dec 15, 2007 8:54 am

What your neighbour did was wrong. They should have given you an opportunity to be part of the fence selection process.

Since you had no say in the selection of the fence, and your neighbour went ahead and built it anyway, then you are only obliged to pay half of a standard timber fence.

Get a quote for this and pay half.

perryr · Dec 15, 2007 9:00 am

Spot on people - I would only be paying for half of a "Reasonable" quote, unless you are happy with the cost of the fence which was put up.

As you never gave the go ahead to put the fence up, I think you are in a strong position to argue.

One thing to remember however, these people will be your neighbours - better to have a good working relationship with them.

Cheers

clath · Dec 16, 2007 11:45 pm

Yes Perry thats the problem i dont wont problems with the neighbours. but i reckon it was the fencer whos at fault he should have gone by the law and waited till i sent back the notice to give the go ahead.

Just to clarify .. thought i mentioned this... At Delfin Lakeside they only allow colour bond fences. its the covenant.. so i knew wot type of fence it was. 1.800. sorry if i have confused you guys :oops:

Cookiemonster · Dec 17, 2007 7:39 am

clath

Just to clarify .. thought i mentioned this... At Delfin Lakeside they only allow colour bond fences. its the covenant.. so i knew wot type of fence it was. 1.800. sorry if i have confused you guys :oops:

Well that makes things simpler. You were still entitled to get your own quote. I suppose if your happy with the costs the fence was built for then everything's fine.