Browse Forums Building A New House 1 Apr 14, 2013 3:54 pm Hi everyone. I am almost at handover and thought I would contact my future neighbours in regards to fencing, I have sent them all a notice to fence. Neighbour 1 - agrees Neighbour 2 - still waiting on response Neighbour 3 - refusing too. Neighbour 3 is saying that because he has no intention on building right now and his blocks falls about 8 foot behind my block he thinks that a fence would be of no use to him right now. We have gone through all the correct channels and even obtained his address from council which he says is an invasion of privacy..Not. Has anyone had major fencing problems with future neighbours? Millsy.... http://q2retreat.blogspot.com.au/ Re: Fencing issue - neighbour refusing to pay. 2Apr 14, 2013 4:28 pm Looks like you might need mediation. Here is a useful link: http://www.justice.qld.gov.au/corporate ... e-disputes The Harder You Try - the Luckier You Get ! Web site http://www.anewhouse.com.au Informative, Amusing, and Opinionated Blog - Over 600 posts on all aspects of building a new house. Re: Fencing issue - neighbour refusing to pay. 3Apr 14, 2013 4:47 pm millsy_mcleod05 Neighbour 3 is saying that because he has no intention on building right now and his blocks falls about 8 foot behind my block he thinks that a fence would be of no use to him right now. We have gone through all the correct channels and even obtained his address from council which he says is an invasion of privacy..Not. It all comes down to how much you really want a fence, and how much you want to p*55 off your neighbour. As you are in QLD, I'm sure you've had a good read of the advice provided by the QLD state government -http://www.qcat.qld.gov.au/matter-types/dividing-fence-disputes First step is to send a dated 'Notice to fence' outlining the intent, and provide at least two quotes. (which you have done). Based on their response, I would send another letter outlining your requirements and that under the act Quote: Liability for fencing work (1) If there is no sufficient dividing fence between 2 parcels of land consisting of adjoining land, an adjoining owner is liable to contribute to carrying out fencing work for a sufficient dividing fence. If this doesn't yield a result you will have to go through QCAT. Don't build the fence prior to doing this or you will be out of pocket. Most likely you will be ordered to attend mediation where hopefully it will be resolved. Otherwise it will go to a hearing - where if you have followed correct procedure, you should not have any issues. Alternatively you can just build/pay for the fence yourself and spray paint his side fluro pink *edited to fix quote Re: Fencing issue - neighbour refusing to pay. 4Apr 14, 2013 5:07 pm Thanks for the response Atom_ute & Bashworth You put a smile on my face when you mentioned the pink fence, and I must say that has already crossed my mind,. I have already seeked advise in regards to mediation and was told that because he is refusing that I should contact QCAT. We have sent him numerous emails and the last one we attached info on the QLD dividing fences ACT and stated that we will be contacting QCAT and he has yet to respond. I am going to go and get some legal advise and will then hopefully get a judge to present an "order to Fence". We will most definitely not put a fence up until all this is resolved. He said that if we want a fence then put it up. He also said that he would cover half the cost once he built his house... yeah he thinks I am stupid I know that once I put the fence up with out his consent he does not have to pay anything.... well I am onto him. Millsy.... http://q2retreat.blogspot.com.au/ Re: Fencing issue - neighbour refusing to pay. 5Apr 14, 2013 6:04 pm When my partner built her first home the only cost shared was with one neighbour due to having same builder so they gave her half the credit. No one had built behind her or on the other side but under covenant conditions she had to have fencing in place. Finally an investor built beside and when she asked the real estate about sending him half the bill she told us the loop hole means they don't pay. The reason is they didn't get a choice in what the fencing would be and since it was up before their land purchase they didn't have to pay. Applied to the neighbour behind. We heard recently from a guy building where we are is that the fencing law has changed. He said if you build first it's tough luck and he is up for a few fences as land beside him is still unsold. Not sure if this so called new law exists. Hi Mofflepop, I would recommend finding a building designer to prepare plans, they should design to your specified budget. The benefit is you can tender the project out… 9 20434 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 16304 |