Browse Forums Building A New House 1 Sep 11, 2012 10:41 am Hello, To cut a long story short...! Our Neighbour cut 1.7 meters to build their home which created them to be very low as you can imagine... We are already on the high side of the hill as it was. We had to put a retaining wall up as they over Cut into our land this was a pain we paid a lot of money for the retaining wall but didn't bother asking for costs from them as I didn't want to be on a bad note with the Neighbour (big mistake) Now the retaining wall is on the boundary line itself... She has refused from the start to put a fence up as she is so low now and it affects her view (into my house) that's it. So we ended up getting a permit from the council to arrect a 1.8 standard timber fence on top of the retaining wall itself (retaining wall is ground level for us) she is about 2.8 meters down into the ground from the top of the wall so to add another 1.8 fence she would be over 4 Meters below the top of the fence. (all in all this is not my problem she dug herself into that hole) we didn't go up. So she doesn't want me to have a fence even though I have a 3yo boy and another on the way my children or even an adult could fall 4 meters and kill themselves, she said she doesn't care it's not her problem... (hmmm ok) So we have obtained the permit anyway and she was not happy and complained and complained but we got it.... (common sense) Now she has changed her story.... Oh the retaining wall is not on the boundary now, the boundary line is on my side of the block (how convienent for her) so now she is asking me for half costs of a fence on the Boudary line (which is our wall) ahha but she is trying to foole And say its on her land... If it was on her land she would have really opened up a can of worms then as all that cut 1.7 of land is mine, I hope not!!!! She can give that back to me. Anyway that's not the case anyway. The retaining wall is the boundary line and I even have permits to say so and drawings. How can I get a person to pay half if she is claiming its not the Boudary line, wouldn't she need proof and a surveyor to validate this? Not just say "I Believe" Think she's playing games just so I don't put the fence up on the wall. Should I bother and take her to court or should I just pay for the whole fence get it over and done with. She is also threatening of putting another fence up on her batter which is illegal it will cause my retaining wall to collapse if she digs out the footings... It's all so Crazy the whole thing over a fence. Re: Neighbour refuses to pay fence 2Sep 11, 2012 11:04 am Not sure what to advise you, but makes me glad I am building on a very flat piece of land!! Hope it sorts out. Building the Ascot 35 with Carlisle Homes in Pasadena Estate, Clyde VIC My build thread: viewtopic.php?f=31&t=59776 Re: Neighbour refuses to pay fence 3Sep 11, 2012 12:31 pm if the retaining wall is the boundary, and a fence is to be erected then neighbours are to share costs (in wa). if i were you, i would go to your council, take your info with you and explain situation to them. their building department will be up-to-date on all the by-laws and be able to advise you on correct procedure. Re: Neighbour refuses to pay fence 4Sep 11, 2012 12:31 pm Fencing legislation/disputes is generally quite clear in most states. Suggest that you Google 'Notice to fence' and your state - you should get a result that outlines the process for you. Re: Neighbour refuses to pay fence 5Sep 11, 2012 12:46 pm hi sorry to hijack.. quick question building on a rear block should i replace my back boundary fence before or after my new home construction? just worried that the construction might damage and dirty the fence. but after construction, narrowed access...?? please advice thanks@! Yep, very good point. I’ll do more research and see what figures I get. Thank you! 8 2449 I like the bobcat idea - not too dear to hire either. Before doing that, maybe advise them you intend having all their stuff moved in the next 48 hours. Any damage or… 10 8544 Hi Our backyard colourbond fence located on a busy road and it wobbles when cars drive pass it and when it is windy as well. It's colourbond and with 8 posts concreted… 0 2019 |