Browse Forums Building A New House 1 Apr 13, 2017 1:04 pm I have just settled on my land yesterday. I went to have a look at it, and the next door neighbours, who haven't even commenced building are in the middle of putting up fences. They haven't contacted me and have just proceeded to fence the boundary between our properties. Does anyone know legally what my rights are? I really didn't want a fence up yet, as there's a possibility it could get damaged during the build, however more importantly, if they send me a bill for my portion of the fence am I obliged to pay? I've received no notice and have not been able to get quotes. I find this strange and a bjt annoying, but also don't want to get off on the wrong foot with my neighbours. Re: Neighbours completing fencing without permission 2Apr 13, 2017 2:16 pm I feel if they have gorn ahead without contracting you your not obliged to pay half as you had no input. It's kinda a delicate situation really Re: Neighbours completing fencing without permission 3Apr 13, 2017 2:45 pm I assume you mean proper house fencing and not construction fencing? It is possible they have a house and land package that includes fencing or a builder who is going to pay the whole amount. In which case they they won't even approach you regarding payment and you just got yourself a free fence. Although it seems odd to put it up before the build they are well within their rights to do so regardless of how that impacts your build and access (unless you have an easement in their land which is a different story) If they were to approach you for payment without notification it can get a bit tricky in terms of rights/neighbourly relations etc... Does your estate give you choice of fencing type/colour? If it does you could argue that because you had no say in it you are not willing to pay. You might have difficulty with that argument if all fencing has to be the same, although you would only have to pay the cheapest quote you got, not half of their costs. I would probably ask the estate or council for their contact details and send them a friendly email asking about it if it's a worry majestic35.weebly.com Re: Neighbours completing fencing without permission 4Apr 13, 2017 3:52 pm Rocchet It is possible they have a house and land package that includes fencing or a builder who is going to pay the whole amount. In which case they they won't even approach you regarding payment and you just got yourself a free fence. Although it seems odd to put it up before the build they are well within their rights to do so regardless of how that impacts your build and access (unless you have an easement in their land which is a different story) Really? Fences need to complement your house, so I would be pretty ** off if someone put up a fence on my property, whether it was free or not. Different story when you land in an established suburb, not not in a new housing development. Re: Neighbours completing fencing without permission 5Apr 13, 2017 5:03 pm arcadelt Rocchet It is possible they have a house and land package that includes fencing or a builder who is going to pay the whole amount. In which case they they won't even approach you regarding payment and you just got yourself a free fence. Although it seems odd to put it up before the build they are well within their rights to do so regardless of how that impacts your build and access (unless you have an easement in their land which is a different story) Really? Fences need to complement your house, so I would be pretty ** off if someone put up a fence on my property, whether it was free or not. Different story when you land in an established suburb, not not in a new housing development. I agree if you are in an area where you have the right to choose the type and colour of fencing. I would certainly have an issue then too. In my estate we all have to have colorbond fencing and it has to be all the same colour so that's not an issue. Most estates around us these these days have a limited selection of fencing options if any options at all. majestic35.weebly.com Re: Neighbours completing fencing without permission 6Apr 13, 2017 5:17 pm We all have to have the same timber fencing so it's not an issue in terms of the fence selection. I'm also on a corner so there won't be a huge problem in terms of access to my lot. I just find it strange they are putting up a fence before the build starts. All they have is pipework done, not even a slab. I might ring the council and just check what might happen. I spoke to my builder and he seems to think if they didn't ask me about the fence then I won't have to pay. Really don't want to *** off my new neighbours so early though! Although I thought they should at least contact me before doing it. Thanks for the responses. Re: Neighbours completing fencing without permission 7Apr 13, 2017 8:23 pm A fence is common property between the two parties who share it. If one party constructs it without your input you have no obligation to accept the fence, let alone pay for it. If you need it removed to effect your build, you are within your rights to remove it to do so. Without your approval, it is an "illegal " fence, and a court can rule to have it removed if it is not commensurate with the style prevalent in the area. For these reasons, it is the height of stupidity to construct a fence without talking to your neighbour about it. Re: Neighbours completing fencing without permission 8Apr 13, 2017 8:43 pm I'm not sure about other states but here in qld, you must get at least 3 quotes if you want your neighbour to split the cost. Having said that, when I built both left and right put up their side while I was in the middle and they were finishing. I was happy they did that, meant I didnt need to contribute anything. Fair enough I wasn't approached, both sides are interstate investors so I've never seen them. On the flip side when I finished my build and put in my rear fence, the vacant lot behind hadn't started building do I wore the cost of that one. Coral Homes Avoca 25 in Gainsborough Greens Gold Coast Viewtopic.php?f=31&t=81406 Re: Neighbours completing fencing without permission 9Apr 13, 2017 10:04 pm Some house and land packages have fencing included and the builders don't bother trying to recoup costs especially if it's timber. Re: Neighbours completing fencing without permission 10Apr 13, 2017 11:07 pm Well seems like I may have got myself a free fence then! Although I am on a corner, so I have to wear the full cost of that fence Re: Neighbours completing fencing without permission 11Apr 14, 2017 3:12 pm MoniqueElizabeth Well seems like I may have got myself a free fence then! Although I am on a corner, so I have to wear the full cost of that fence It is not like that ... what you mean a free fence, is not a free fence, they can go to council for you to pay. Obvious reason they couldn't contact you as you said u got settlement recently and got titled, so if the land is not titled the person cannot contact you as the council has no information about the land owner. In my case, my land is in stage 2 which is titled and ready to go my next door neighbour is stage 5 who still is not titled and the council cannot return with the owner information once land titles u get all the info and start sending them notice or they can to you. So my suggestion would be to ask council if they come at you would be within rights to pay. Or the developer might have paid on your behalf, which is also in my case had to be done. If you are on corner ask your developer or the fencing company to send notice to pay for your corner fence and you pay for neighbor fence will turn out cheaper for u that way. Re: Neighbours completing fencing without permission 12Apr 14, 2017 3:20 pm sajidmib MoniqueElizabeth Well seems like I may have got myself a free fence then! Although I am on a corner, so I have to wear the full cost of that fence It is not like that ... what you mean a free fence, is not a free fence, they can go to council for you to pay. Obvious reason they couldn't contact you as you said u got settlement recently and got titled, so if the land is not titled the person cannot contact you as the council has no information about the land owner. In my case, my land is in stage 2 which is titled and ready to go my next door neighbour is stage 5 who still is not titled and the council cannot return with the owner information once land titles u get all the info and start sending them notice or they can to you. So my suggestion would be to ask council if they come at you would be within rights to pay. Or the developer might have paid on your behalf, which is also in my case had to be done. If you are on corner ask your developer or the fencing company to send notice to pay for your corner fence and you pay for neighbor fence will turn out cheaper for u that way. If they want you to pay half they need to notify you beforehand and provide 3 quotes before erecting the fence. You both need to agree. If not it's their responsibility. Most developers have a clause in your land contract saying they only have to pay $1.00 towards shared fencing if they still own the land. Some of the volume builders include fencing in their H&L packages and don't bother chasing for 1/2 payment often less than $1,000. Re: Neighbours completing fencing without permission 13Apr 14, 2017 3:36 pm Yes, I agree with above. Never heard of a developer paying for part of a fence when on a corner block so very lucky if you managed that. Clearly different approaches in different areas. If it was me I'd leave it be and if approached later I would be prepared to pay half if they produced an invoice although I would get my own quotes and pay half of the cheapest quote I get. Legally I don't think you are required to pay unless they have made an effort to contact you but I'd do it if they asked out of courtesy. majestic35.weebly.com Re: Neighbours completing fencing without permission 14Apr 14, 2017 3:47 pm Rocchet Yes, I agree with above. Never heard of a developer paying for part of a fence when on a corner block so very lucky if you managed that. Clearly different approaches in different areas. If it was me I'd leave it be and if approached later I would be prepared to pay half if they produced an invoice although I would get my own quotes and pay half of the cheapest quote I get. Legally I don't think you are required to pay unless they have made an effort to contact you but I'd do it if they asked out of courtesy. Totally agree, legally you don't have to pay but if you want to have a good relationship with future neighbours you should pay half after they provide you with a tax invoice(make sure it has an ABN on it). I would be extremely surprised if you could get a developer to pay for corner block fencing unless it clearly stipulates this will happen in your land contract. Re: Neighbours completing fencing without permission 15Apr 14, 2017 4:05 pm I have to pay for my corner fencing as far as I know. The developer won't be paying I'm sure. I don't want to get off on the wrong foot with my neighbours although they really shouldn't have done it! If they send me a bill that seems reasonable I will just pay it. If they say nothing I won't ask. I think my part of that fence would only be $500-600 anyway as it's the shortest fence as our garages join. Re: Neighbours completing fencing without permission 16Apr 14, 2017 4:36 pm MoniqueElizabeth I have to pay for my corner fencing as far as I know. The developer won't be paying I'm sure. I don't want to get off on the wrong foot with my neighbours although they really shouldn't have done it! If they send me a bill that seems reasonable I will just pay it. If they say nothing I won't ask. I think my part of that fence would only be $500-600 anyway as it's the shortest fence as our garages join. If they send you a bill in the future (and I would guess they won't) get at least 1 quote yourself to make sure it was reasonable. I'm not sure about wooden fences but colorbond is about $35m. I'm paying $500 for a 15m fence. Fingers crossed you don't have to pay especially since you're already up for a bit with your other corner side fencing. majestic35.weebly.com Re: Neighbours completing fencing without permission 17Apr 14, 2017 5:39 pm Rocchet MoniqueElizabeth I have to pay for my corner fencing as far as I know. The developer won't be paying I'm sure. I don't want to get off on the wrong foot with my neighbours although they really shouldn't have done it! If they send me a bill that seems reasonable I will just pay it. If they say nothing I won't ask. I think my part of that fence would only be $500-600 anyway as it's the shortest fence as our garages join. If they send you a bill in the future (and I would guess they won't) get at least 1 quote yourself to make sure it was reasonable. I'm not sure about wooden fences but colorbond is about $35m. I'm paying $500 for a 15m fence. Fingers crossed you don't have to pay especially since you're already up for a bit with your other corner side fencing. I got quoted for $65 per metre for colorbond where did you get that quote from? Melbourne fencing specialists are fencing and they say developers pay half share, may be the developers you went with wont offer but many do, I guess the business knows better than us sitting here and making decisions for the rest on a forum. If they say developers pay then they pay there is no doubt about that. Neighbours completing fencing without permission 18Apr 14, 2017 5:48 pm sajidmib Rocchet MoniqueElizabeth I have to pay for my corner fencing as far as I know. The developer won't be paying I'm sure. I don't want to get off on the wrong foot with my neighbours although they really shouldn't have done it! If they send me a bill that seems reasonable I will just pay it. If they say nothing I won't ask. I think my part of that fence would only be $500-600 anyway as it's the shortest fence as our garages join. If they send you a bill in the future (and I would guess they won't) get at least 1 quote yourself to make sure it was reasonable. I'm not sure about wooden fences but colorbond is about $35m. I'm paying $500 for a 15m fence. Fingers crossed you don't have to pay especially since you're already up for a bit with your other corner side fencing. I got quoted for $65 per metre for colorbond where did you get that quote from? Melbourne fencing specialists are fencing and they say developers pay half share, may be the developers you went with wont offer but many do, I guess the business knows better than us sitting here and making decisions for the rest on a forum. If they say developers pay then they pay there is no doubt about that. I would be happy to pm all 3 fencing contacts I have. The price I put up was an approximate cost for the half share of the fence as that was what the poster had asked. I apologise if that wasn't clear. If you were paying the entire cost the price I paid would be closer to about $70m . Maybe VIC developers work differently to those in Sydney. If you'll read my post you will notice that at no time did I suggest what you stated was incorrect or attempt to make decisions for anyone. This forum is a great way to gain inspiration and assistance from the opinions of others going through the building experience. Opinions I myself value. Hopefully those opinions are all stated as respectfully as I make sure mine are majestic35.weebly.com Re: Neighbours completing fencing without permission 19Apr 14, 2017 6:07 pm sajidmib Rocchet MoniqueElizabeth I have to pay for my corner fencing as far as I know. The developer won't be paying I'm sure. I don't want to get off on the wrong foot with my neighbours although they really shouldn't have done it! If they send me a bill that seems reasonable I will just pay it. If they say nothing I won't ask. I think my part of that fence would only be $500-600 anyway as it's the shortest fence as our garages join. If they send you a bill in the future (and I would guess they won't) get at least 1 quote yourself to make sure it was reasonable. I'm not sure about wooden fences but colorbond is about $35m. I'm paying $500 for a 15m fence. Fingers crossed you don't have to pay especially since you're already up for a bit with your other corner side fencing. I got quoted for $65 per metre for colorbond where did you get that quote from? Melbourne fencing specialists are fencing and they say developers pay half share, may be the developers you went with wont offer but many do, I guess the business knows better than us sitting here and making decisions for the rest on a forum. If they say developers pay then they pay there is no doubt about that. I apologise if I offended you that wasn't the intention. I'm not saying I am right but in my experience in Victoria it is very common for big developers to have a clause in the contract stating they only need to contribute $1.00 towards fencing on land they own. Wasn't trying to give advice, just sharing what I have experienced . Re: Neighbours completing fencing without permission 20Apr 14, 2017 6:15 pm cant decide sajidmib Rocchet [quote="MoniqueElizabeth"]I have to pay for my corner fencing as far as I know. The developer won't be paying I'm sure. I don't want to get off on the wrong foot with my neighbours although they really shouldn't have done it! If they send me a bill that seems reasonable I will just pay it. If they say nothing I won't ask. I think my part of that fence would only be $500-600 anyway as it's the shortest fence as our garages join. If they send you a bill in the future (and I would guess they won't) get at least 1 quote yourself to make sure it was reasonable. I'm not sure about wooden fences but colorbond is about $35m. I'm paying $500 for a 15m fence. Fingers crossed you don't have to pay especially since you're already up for a bit with your other corner side fencing. I got quoted for $65 per metre for colorbond where did you get that quote from? Melbourne fencing specialists are fencing and they say developers pay half share, may be the developers you went with wont offer but many do, I guess the business knows better than us sitting here and making decisions for the rest on a forum. If they say developers pay then they pay there is no doubt about that. I apologise if I offended you that wasn't the intention. I'm not saying I am right but in my experience in Victoria it is very common for big developers to have a clause in the contract stating they only need to contribute $1.00 towards fencing on land they own. Wasn't trying to give advice, just sharing what I have experienced . [/quote Likewise not offended sorry it wasn't meant to make issue out of it, just what i went thru with fencers I have done wooden fencing since my developers wont allow Colorbond but still i get quote for $53pm for wood $65pm for colorbond Didn't take the risk with colorbond as the fencer advised that the council may ask you to remove as per estate guidlines Below are my fencing fotos Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ But just to say why not ask fencer or the developer are you going to contribute or not, but some do ... lol I can help you with all that, you can PM me with details if you wish 3 5847 This certainly doesn't look good. I would be engaging with an independent inspector to have a look at this. As for the unscheduled site visits, most builders are quite… 1 28322 Elvis has left the building... The site supervisor quit after 2 month on the project. I guess he was just instructed to bark at people, but didn't like when he was… 26 20905 |