We've sent out fencing notices to our neighbors, however one of the neighbors has responded by saying that they have sold their land to the developer although it has not yet settled, and that the developer is therefore the one who has to pay. I thought this was incorrect but checked with the developer anyway, the developer has responded saying that as written in the contract the cost of the land was discounted reflecting the cost of fencing and they are therefore not liable for the payment either.
However given that the land is under contract but has not yet settled, am I correct in thinking that the existing neighbor is actually liable for a half share of the fencing cost?
If it makes any difference the fenceline in question backs onto a paddock although the rest of our neighbors are residential blocks, we would be looking to put up a 1.8m high wood paling fence as per the development rules, presumably the neighbor would only want wooden posts and wire.