you would have to be male wouldn't you?
Browse Forums General Discussion Re: You have to be kidding Do I respond 21Aug 13, 2010 9:57 pm Dear J.K. Rowling, Your books are entirely unrealistic. I mean, a ginger kid with two friends? Sincerely, Anonymous Re: You have to be kidding Do I respond 22Aug 13, 2010 10:17 pm http://take2-customdesigndownslope.blogspot.com 07-10-09 omg they have cut the block 14-05-10 we finally have the keys Re: You have to be kidding Do I respond 28Aug 15, 2010 5:05 pm If that was the case, what is to stop people claiming for a part share in fences, years and years later? Dear J.K. Rowling, Your books are entirely unrealistic. I mean, a ginger kid with two friends? Sincerely, Anonymous Re: You have to be kidding Do I respond 29Aug 15, 2010 6:30 pm The Little Misses If that was the case, what is to stop people claiming for a part share in fences, years and years later? And over and over again! Demolition August 2009, Construction Started September 2009, Completed December 2010 Re: You have to be kidding Do I respond 30Aug 15, 2010 7:06 pm one of my neighbors was an old widowed pensioner he asked me if I could wait a month to pay his share of the fence as things were tight, I offered to take his unused outdoor spa bath as payment instead.... a deal he was very happy with, I unfortunately didn't go and get the thing before he married a younger woman who committed him to a home and sold the property. The sounds of the new owners enjoying their spa bath are a painful reminder. Re: You have to be kidding Do I respond 32Aug 15, 2010 7:32 pm We had friends who bought in a development where there was a mix of new builds and vacant land-their contract stated that whoever was the first to purchase the land from the developer was liable for fencing costs....it was also clarified in their contract that if you bought a block from the developer next to a house with an existing fence then you were liable for half of the original costs... Deemaree Kyndylan Capers: viewtopic.php?f=36&t=46852 My blog: http://www.sufficientlysufficient.blogspot.com/ Re: You have to be kidding Do I respond 33Aug 15, 2010 9:00 pm od Saxien, I'm sorry, but at least in Qld, where the original poster is, this is wrong. You must issues a Notice to Fence before building anything, and if there is a dispute you must go to QCAT to get a ruling before doing anything, or you will not be able to claim anything from the other owner. I know this because I am in the middle of it now. The original poster is not liable to pay anything for this fence. Is it possible that this QLD system is in place with the existing office you mention and other legislated offices, where as if the criteria is not meet by either party , then you will have to pursue the matter in another lawful avenue.Which by means is available to All. Re: You have to be kidding Do I respond 34Aug 15, 2010 9:06 pm If I understand you correctly - then no, no other legal avenues apply. The only legislation in Qld that deals with fences is the Dividing Fences Act. If you do not issue a Notice to Fence, the Dividing Fences Act does not apply, and you have no legal recourse to demand any contribution of the cost of the fence from your neighbour. The only way to legal demand a contribution for a fence is under the terms of the Dividing Fence Act. There is no other way. This is not just my opinion, it is my lawyer's. Paul Re: You have to be kidding Do I respond 35Aug 15, 2010 9:11 pm Talked to the neighbours also adjoining these people they also go a letter, they are also going to ignore it as well. We all think its a bit rude as we both talked to these people before they moved out and they never once mentioned the fence, just gutless to send a letter of demand after they moved. But basicly as we did not own the block at the time the fence was built and there was nothing in the land contract to say we had a liablity to pay. We just don't like how they went about it all and we will not be giving them the courtesy of a reply. Cheers Lou http://take2-customdesigndownslope.blogspot.com 07-10-09 omg they have cut the block 14-05-10 we finally have the keys Re: You have to be kidding Do I respond 36Aug 16, 2010 7:45 am How rude of them, Lou! And I'm sure they must know they're in the wrong. They're just trying it on... Good thing you didn't come down in the last shower. Re: You have to be kidding Do I respond 37Aug 16, 2010 10:16 am I won't add anything new that others have not said Lou, I'd just like to post here to see what happens. Good luck! Oh why not, my opinion = shred it. Re: You have to be kidding Do I respond 38Aug 16, 2010 3:12 pm od If I understand you correctly - then no, no other legal avenues apply. The only legislation in Qld that deals with fences is the Dividing Fences Act. If you do not issue a Notice to Fence, the Dividing Fences Act does not apply, and you have no legal recourse to demand any contribution of the cost of the fence from your neighbour. The only way to legal demand a contribution for a fence is under the terms of the Dividing Fence Act. There is no other way. This is not just my opinion, it is my lawyer's. What about if you can prove that there was no way to contact the Lawful owner of the property next door at the time of Fencing? Or are you saying that the QLD Office needs to have records of your intended Notice to Fence, in other words you register with them that you are pursuing a Notice to Fence Claim? Would this not be addressed with the initial council Approval documents. It seems reasonable that a council should make you aware of such Legislation when submitting your plan to build a Fence?If the Council does not make you aware of such Fence Act,then possibly there is another avenue of recompense?. I know what your lawyer said but there seems to be more paperwork in the trail than just sending a letter to your neighbor.It seems ridiculous at best to create a court ruling on 2 people arguing if they sent/received a letter or not back in 2001. If this is the case then maybe the neighbor has already submitted his Notice to Fence with the required Office along time ago when the Council gave permission to build the Fence? You know as a few people have mentioned already, its good manners to address the situation at hand.Ripping up the letter just proves that its not smart.If i was addressing the letter to neighbors i would address it to"Owner of the Household" or something like that.How are they really meant to know who has legal ownership, it could be your Mother who is signed on as legal Owner? Re: You have to be kidding Do I respond 39Aug 16, 2010 3:26 pm The local council will give you the contact details - it's where they send rates bills. It's the owner's responsibility to ensure this contact address is accurate. When you get to QCAT you need to be able to show you issued a Notice to Fence or they will dismiss the complaint. I used a signed receipt registered post letter to prove I served the Notice to Fence. Paul Re: You have to be kidding Do I respond 40Aug 16, 2010 4:02 pm od The local council will give you the contact details - it's where they send rates bills. It's the owner's responsibility to ensure this contact address is accurate. When you get to QCAT you need to be able to show you issued a Notice to Fence or they will dismiss the complaint. I used a signed receipt registered post letter to prove I served the Notice to Fence. Here is another point of Order then. Owner wants to build fence, he submits plans to council . Council approve and give him info on Fence act. Owner submits his Notice to fence,sends out letters in 2001. No response from Letters. Years later owner re sends out letters. Owner has receipt of Fence + council docum + Fence Act Docum from initial build date. This scenario seems normal, how many people have tried to dodge the fence payment by ignoring it for years? The real questions here is does the original Owner have a Notice to Fence submitted in on the build date, and does the Fence act have provision for him to claim years later! Thanks mate. Yeah good points! 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