Browse Forums Building A New House 1 Jul 06, 2020 4:20 pm Hi all, new here so hopefully this post is ok. We have recently purchased some land and are about to endeavor on the journey of building a home. The land we purchased was sold to us privately (so not via the developer) and has been sitting vacant for 5 years. Therefore all the surrounding homes have been completed and associated fences built. From what i can find, if we purchased the land via the developer we would be required to cover 50% of the costs of the existing fences (regardless that they were built years prior). However, does this same requirement apply if we bought the land privately? Could the surrounding neighbours legally request us to cover 50% of the cost of the fencing that was erected at a time when we did not own the land. We have a deed of covenant that is being transferred from the vendors to us but it does not cover the splitting of costs for fencing in it. We also received confirmation that the old vendors did not contribute to the fencing costs. Follow my build here: https://www.instagram.com/ivy5custom Re: Vacant land with existing fencing - do we need to pay? 3Jul 06, 2020 6:24 pm You can find some info regarding fencing here https://www.lawaccess.nsw.gov.au/Pages/representing/lawassist_fences/lawassist_fences.aspx Re: Vacant land with existing fencing - do we need to pay? 4Jul 07, 2020 9:01 am BVD You can find some info regarding fencing here https://www.lawaccess.nsw.gov.au/Pages/representing/lawassist_fences/lawassist_fences.aspx Thanks, yeah been through that site but couldn't find anything that mentioned dealing with fencing costs after a change of ownership of vacant land. Common sense tells me that any contribution to the fencing should fall on the previous owners of the land as they were the ones responsible for them during the time they were constructed. However, i have received some conflicting info on the matter so i'm just trying to get my facts straight so i can be prepared when we move in. Follow my build here: https://www.instagram.com/ivy5custom Re: Vacant land with existing fencing - do we need to pay? 5Jul 08, 2020 1:43 am I highly doubt the neighbours would be able to get any money from you for fencing done years ago. How would they leverage you to pay? Re: Vacant land with existing fencing - do we need to pay? 6Jul 08, 2020 10:26 am In WA the law is that you don't have to stump up for your half of the fence cost until you have "substantially" built on your block. Substantially generally being interpreted as having a dwelling to lockup stage. Not sure about NSW but if you know that the previous owner didn't pay for his share there's probably a good chance that at least one of the neighbours will take the opportunity to ask for payment. Re: Vacant land with existing fencing - do we need to pay? 7Jul 08, 2020 12:32 pm Really? People would do that? Why wouldn't they have pursued the developer or the owners of the land prior to you purchase? I think that ship has sailed, so no. Confused Renovator Re: Vacant land with existing fencing - do we need to pay? 8Jul 08, 2020 4:06 pm Trying to ask for money for a fence erected years before you even owned the property sounds ridiculous to me..I'm assuming its a colorbond fence and after 5 years its probably half way through its life anyway..But none of that is law, just common sense which means nothing these days.. 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 20959 4 11393 1 19907 |