Anyone had to take neighbors to court fence?

Patrick · Apr 01, 2019 2:55 pm

I am building in a brand new estate

My house in my stage is one of the first ones to be completed

2 of my neighbours are mid-way construction

and 2 of them have empty land but have owners

I have received the owners addresses from the council

got a fencing company quote, they send them all quotes and notice to fence letters 3 times
no response after about 2 months

I have sent a letter and quote with notice to fence through registered post.
2 of them awaiting collection from their post office since 20th of March
1 of the received on the 20th of march - no response yet
1 neighbour who lives in Vietnam registered post letter still in transit

If they continue to not respond I will have to build and pay for the fence and their share but Ill be taking this to court

if anyone has experienced a very similar situation where your estate was new, you were the first build to complete. And future neighbours did not respond to you. Was it hard to convince the judge to make them pay half?

I have proof of trying to make contact and its their legal obligation to pay half if I have made reasonable attempts to make an arrangement with my neighbors

alexp79 · Apr 01, 2019 3:05 pm

Well, the problem is that you and your neighbours have to agree on what type of fence you are going to use and how much it is going to cost, otherwise, you neighbours can always come back to you with cheaper quotes and tell you that they have never agreed with you to pay that much for the fence.

Patrick · Apr 01, 2019 3:17 pm

The estate requires a certain type of fence which I need to build and so do they.
Im not building any type of fence I want

they cannot choose their own type either. We all have to build one type of fence

which is timber fence with exposed timber posts

the law says I can build the fence and take them to court later if they do not respond within 30 days:

https://www.sinclairmay.com.au/fencing-disputes-neighbour-cant-see-eye-eye/

If there is no movement, then send a formal Notice to Fence via registered post together with the quotes. Once your neighbour receives this they have 30 days to respond:

If they agree then you and your neighbour pay as per your proposal 50/50;
If not, further negotiations have to be made;
And if they do not respond at all then you can build the fence/repair it and then begin an action in Court against your neighbour to recover their share of the cost.

Obviously – taking action against your neighbour is a last resort option – it will cost, and only increase tension.

Also from :
https://www.disputes.vic.gov.au/information-and-advice/fencing/frequently-asked-questions-fences

If they don’t respond within 30 days, you can proceed with the fencing works without their agreement and later take action in the Magistrates’ Court of Victoria to recover their contribution.
However, be aware Magistrates’ Court actions are expensive. It’s worthwhile trying to negotiate a solution with your neighbour.
We offer a free mediation service that’s confidential and we work with parties to help them resolve their disputes without the need to go to court. Call us on 1300 372 888 for more.

alexp79 · Apr 01, 2019 3:38 pm

In this case you may be fine.
What is the total cost of the fence by the way?

Patrick · Apr 01, 2019 3:41 pm

about $4k

so ill be out of pocket 2k

It will be going all around the house

Melos · Apr 01, 2019 4:33 pm

Patrick

about $4k

so ill be out of pocket 2k

It will be going all around the house

How much will court cost?

kks · Apr 01, 2019 7:00 pm

Just stick the fence up, Pat, couple of thousand buck ain't worth fussing about in a house build. And it will all likely sort itself out as others finish their build. People are pretty decent really, and you'll look like a hero! (And your choice of fencing, too, lovely grub).

Patrick · Apr 01, 2019 10:39 pm

Melos

Patrick

about $4k

so ill be out of pocket 2k

It will be going all around the house

How much will court cost?

Id just represent myself but ill find out if court costs anything if I represent myself

Patrick · Apr 01, 2019 10:40 pm

kks

Just stick the fence up, Pat, couple of thousand buck ain't worth fussing about in a house build. And it will all likely sort itself out as others finish their build. People are pretty decent really, and you'll look like a hero! (And your choice of fencing, too, lovely grub).

I will stick the fence up but Im not paying for their fence. WHy should I shout them 2 grand for their side of the fence? Ill be taking them to court if they dont want to pay me half

I dont get a choice of fence I have to choose the same fence style the whole estate gets

kks · Apr 02, 2019 12:39 am

ligongl · Apr 02, 2019 9:56 am

one of my colleague just gone through a bitter fence dispute. He won at last but still cost him north of 10k and he still have to fight to recover some of his legal costs!! I would avoid it and try harder to find a common ground!

Patrick · Apr 02, 2019 9:58 am

If it will cost me thosounds to go to court I wont bother going to court

ill just wait as long as possible

I have been to local magistrates court before and I represented myself and it cost me nothing

Althom · Apr 02, 2019 10:25 am

Might be different in Vic but in WA an owner doesn't have to pay until their house is substantially completed, i.e. at lockup.
Once at lockup they have to fork out half of whatever would be considered the standard fence for the area.
Taking people you don't know to court???
Good way to meet the neighbours - NOT

Patrick · Apr 02, 2019 10:32 am

Althom

Might be different in Vic but in WA an owner doesn't have to pay until their house is substantially completed, i.e. at lockup.
Once at lockup they have to fork out half of whatever would be considered the standard fence for the area.
Taking people you don't know to court???
Good way to meet the neighbours - NOT

Not responding to 5 letters about a structure that everyone has to build? Not a nice way to start of the neighbor relationship either

MMM maybe ill just pay for everyone's fence to be the nice neighbor and give everyone a free fence. What a great neighbor .. maybe they can borrow my tools and never return them to

Althom · Apr 02, 2019 10:40 am

You need to calm down

gillybean · Apr 02, 2019 10:52 am

Althom

You need to calm down

The people he’s sent the letters to need to pay up. They’re typical of a lot of people, disrespectful. Way to meet the neighbors by not paying your share of the fence. Pay what you owe = not getting taken to court. At the very least have the respect to reply to his letters.

Patrick · Apr 02, 2019 10:59 am

Althom

You need to calm down

lol Im calm as

Althom · Apr 02, 2019 11:17 am

gillybean

Althom

You need to calm down

The people he’s sent the letters to need to pay up. They’re typical of a lot of people, disrespectful. Way to meet the neighbors by not paying your share of the fence. Pay what you owe = not getting taken to court. At the very least have the respect to reply to his letters.

Given the evidence suggests that only one person has actually received said communication?????

gillybean · Apr 02, 2019 11:18 am

Wow 😂

Patrick · Apr 02, 2019 11:21 am

gillybean

Wow 😂

I wouldnt bother man... his not getting it