Browse Forums Building A New House 1 Jun 03, 2012 9:41 pm Hello Peoples in about 1 month my house will be finished and be ready to move in, i need to organise the back fence, but my next door said the back next wont pay for his side, he has tried calling stocklands and everyone one. he sent letters and letter of damand but he will not give in. Will its my turn and was wondering what are my options, i heard that their is some fencing company that organise the next door payments cheers Re: fencing issue's 2Jun 03, 2012 9:49 pm Normally the fencing company will just send a quote for them to prove before fence work can begin. Seek advise from your solicitor if he refuses. He can't get out of it, just makes it difficult for you. Re: fencing issue's 3Jun 03, 2012 9:56 pm Your neighbour has no choice but to pay as it enshrined in law as set out in The Fences Act 1968 (Vic) - you can take it to a magistrate if needs be but it shouldn't have to go that far. First of all establish the position and type of fence involved and then ask the neighbour about sharing the cost for the fence - if possible come prepared with a few quotes to give an idea of a ballpark figure. If the neighbour flat out refuses then you can start down the path of initiating official proceedings - this must all be done before you commence construction of the fence as a successful judgement in a fencing dispute case is partially dependent on you communicating with your neighbour regarding the type and position of fence you wish to erect on your shared boundary. You can find more info on resolving fencing disputes starting from this website: http://www.magistratescourt.vic.gov.au/ ... g+disputes Some people apparently have nothing better to do than comment on other people's sigs. Re: fencing issue's 4Jun 04, 2012 11:34 pm thanks guys, i guess i will try contact him and send letters. then follow the procedures. one more question if i pay for the full fence can i take him to court so he can pay me later if he does not want to pay up Re: fencing issue's 5Jun 04, 2012 11:39 pm d3vil_nik thanks guys, i guess i will try contact him and send letters. then follow the procedures. one more question if i pay for the full fence can i take him to court so he can pay me later if he does not want to pay up Hhmm..I think you better sort it now before you pay...less stress too... What's the reason they don't want to pay? Was it the result of your cut and fill? Is there any retaining wall involved here, or just fence? Re: fencing issue's 6Jun 05, 2012 3:24 am d3vil_nik thanks guys, i guess i will try contact him and send letters. then follow the procedures. one more question if i pay for the full fence can i take him to court so he can pay me later if he does not want to pay up You need to go through the full process before building the fence (ie. initial contact with neighbour to discuss type/location of fence, sending of a notice to fence and waiting the required 30 days, filing a complaint with the court, etc) if you want your claim to be successful in a magistrates court. Your neighbour is counting on you not wanting to wait a a month or two longer without a fence and just building it anyway, so you need to start the process now by contacting the neighbour and seeking agreement on sharing the cost of the fence. Some people apparently have nothing better to do than comment on other people's sigs. Re: fencing issue's 7Jun 19, 2012 8:45 pm hey guys a bit of late reply just been busy been about a month he called on private number and said he had no money and that he will not pay for any fence, im not having much luck as im moving in about 2 month i think i might have to pay Re: fencing issue's 9Jun 19, 2012 11:44 pm d3vil_nik cmhamilton magistrate court would i be required to pay, even thought im right, wat the process yes - u will have to pay. but if and when court decision is made in your favour, the court will ask the other party to pay you the court costs incurred by you Re: fencing issue's 11Jun 21, 2012 8:18 pm Send a letter Registered mail with a signature slip that is returned to you so you can prove it has been sent and received. In the letter i would attach the relevant laws that state he will have to pay half the costs of a fence 2 Re: fencing issue's 15Jun 22, 2012 8:05 am Are you in qld? http://www.betterthansheets.com.au - Why use sheets for curtains in your brand new home use Better Than Sheets Temporary Paper blinds instead! thanks Chippy, i hope they have applied sealer but i am doubt to be honest, so i am gonna do this job after handover. 8 16293 2 5950 |