Browse Forums Building A New House 1 Jun 23, 2015 8:21 am Hi everyone, I am looking for some advice. We moved into our house in Georges Fair 3 months ago and wanted our fences up as soon as possible for privacy and security for our puppy. At the time, our neighbour hadn't started building yet but we contacted them and they were happy to pay for half. Next door has now started building and their site manager got in contact with us saying we need to remove our fence to allow them access to brick where the corner of their garage meets the fence. The site manager is claiming that it is my responsibility to remove and re-erect the fence and all at my expense, however I fail to see how this could be my responsibility when I don't need the fence removed. I have asked him for a fencing notice to be prepared and given to me detailing how much of the fence will be removed, when this will take place, what provision will be put in to secure my land and specifying that he is liable for any damage done to my property as a result. Am I completely in the wrong here? I called council and they completely agree with my approach and that I am correct in my understanding of responsibility. Has anyone else been in this position and can provide some clarity? Thanks, Kate Re: Fence removal for builders access 2Jun 23, 2015 8:53 am Hi Katelouise. You are completely in the right here! We are just about to start building on a block that has established houses to either side. In our contract we have an allowance for our builder to remove part of their fence and build our garage wall (also providing a temp fence while this is being done).Afterwards our building company will reinstate the fence. All at our cost (comes to about $900 if I remember correctly), because how is it out neighbours problem? Lol I Don't see where they pulled that one from! Re: Fence removal for builders access 3Jun 23, 2015 9:07 am Hi Jefferys, Thank you for that. We definitely agree that it shouldn't be our responsibility and we want something in writing to cover everything. The builder is just saying it has nothing to do with him and it is between us and our neighbour. It's becoming very stressful as I obviously don't want to get on a bad note with the new neighbours! Thanks, Kate Re: Fence removal for builders access 4Jun 23, 2015 9:10 am Agree - it is their responsibility to do this - properly and professionally. For all you knew a garage would never have been build there. It was their decision. If they play tough you might need a legal letter. Re: Fence removal for builders access 5Jun 23, 2015 9:11 am Mind you - we built the fence and set up a temporary fence at the point we thought a garage might be. It worked well. The garage was built and we just finished the fence. For reference, this is the Austlii reference. My take on this is, that they would be breaking the law denying access to a homeowner in Victoria, or their agent from having… 1 10490 The only thing to add to these comments is that where possible it's always good to try and work with people than just say "no" because you can. Having someone… 4 18189 |