Browse Forums Building A New House Re: Fencing issue in Victoria 4May 01, 2018 6:53 am Mrs_W Hurrow 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. Hi Hurrow, I’m used to be a conveyancer in Vic, and under the Sale of Land Act, any Notices issued on or after the day or sale become the responsibility of the purchaser. Has this neighbour sold it back to the original developer? The same developer that you purchased from? If so, if there is a clause in the contract that states that the developer is not liable for the cost of fencing, of that they will only contribute $1, that’s when it becomes a grey area. Although if the developer hasn’t mentioned that clause I wouldn’t bring bring it to their attention. I’m not sure if that clause is relinquished once it has been initially sold. When the developer says that he cost of land was discounted to reflect the cost the cost of fencing, does that mean they paid a few hundred dollars because of the lack of fencing? If so, then I interpret that to mean they were aware that it was unfenced and that they would need to pay. If the developer assumed that it was fenced, that’s an issue between them and their vendor. There is a fencing disputes hotline in Victoria and I believe the number is answered on weekends so you could try that. Sorry I haven’t given a definitive answer, it’s been 9 years since I was a conveyancer, so I’m a little rusty. Hi Mrs_W, Thanks very much for your insights! The neighbor has sold the land to the developer that we purchased from originally. I spoke to the developer on the phone and they said that the original cost of the land was discounted by the approximate cost of the fencing. I'll give the fencing hotline a call and see if they have anything to say, but I'm guessing that we'll be forking out the entire amount of that portion of the fence. Such is life. My other two neighbors haven't come back to us at all despite having had the notice for over a week and having all my contact details, I really just want to get the fence up so that my kids can play in the backyard and I don't have to worry about them running onto the street! Building a Kew 28 with Porter Davis 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 9099 Hey everyone Not for me or anyone I know, just generally interested. For a single allotment house, are you allowed to take the fence on both sides of your house and… 0 20901 |