Browse Forums Building A New House 1 Feb 14, 2013 9:31 am Hi I was wondering if people can give me their opinion on the situation I am at the moment... Before we organised the fence I spoke to both neighbours involved and did all the right things.. Because we have dogs who love digging we wanted to put a Plinth under the fence which both neighbours were ok. So the quotes went out as 1.8m colorbond fence with Plinth underneath and everything was hunky dory.. When the fence was installed one neighbour had an issue with the huge gap that was under her side of the fence.. The reason there is a gap is that our blocks have a fall at the front but when they did the excavation and site scrape the block got levelled so they need a lot fill for the landscaping, we've just finished ours which means there no longer is a gap. But she's insisting that the fence is too high and is refusing to pay her share until the fence is lowered. We tried calling the estate to get clarification but because the guidelines arent clear how the 1.8m fence should be erected they cant say or do anything. So my question is can she refuse to pay and who decides on the height of the fence. We dont want the fence lowered because 1. it will end up being burried and 2 this will make the fence too low and we will end up with privacy issue. (to be honest so will she but she doesnt understand it coz she looking at it now as opposed to when her construction is complete and landscaping is done) My other question: - the fencing guy has said if we pay half the outstanding amount he will cover the balance himself and leave the fence as it is, this will just cover his costs.. Is this the best option or can she still dispute the height even if she hasnt paid anything?? Sorry this was long.. but we need any advice we can get. Building Henley Monaco Nouveau Q1 - Mernda Villages https://forum.homeone.com.au/viewtopic.php?f=31&t=57810 http://razbuild.blogspot.com.au/ Re: Yet another fencing etiquette question 2Feb 14, 2013 4:09 pm Before building your fence, did you issue your neighbours with a "notice to fence" which should have included 3 quotes aswell? This keeps it all legal and gives you a leg to stand on if you have to take the matter further. If not, then sorry to say this, but your neighbour isnt obligated to pay anything but on the other hand, you dont have to change anything if they are not happy with it. Re: Yet another fencing etiquette question 3Feb 14, 2013 4:22 pm My neighbour was provided with one quote which she was happy with and signed it.. Building Henley Monaco Nouveau Q1 - Mernda Villages https://forum.homeone.com.au/viewtopic.php?f=31&t=57810 http://razbuild.blogspot.com.au/ Re: Yet another fencing etiquette question 4Feb 14, 2013 4:40 pm If you built the fence to the specs as outlined on the documents she signed, then she cant do anything except pay. The problem is you may have to take legal action which of course is a hassle. The best thing to do here is to try and communicate the points you mentioned: how she doesnt understand it coz she looking at it now as opposed to when her construction is complete and landscaping is done) How far off is the completion of her construction? Re: Yet another fencing etiquette question 5Feb 14, 2013 5:43 pm Well yeah the fence was built as per the quote but her builder has scraped a bit too much coz on the other aide the fence was right on the ground. Our block are completely flat except for the front. I did try to explain to her that she needs fill and once she does her landscaping it would be done considering her alfresco slab is higher than her current ground. I guess I will just pay her share and forget about it even though it makes me angry coz I feel bad for the fencing guy who the one suffering without being paid. Her construction is almost complete. They've jut done her driveway so I can't imagine it to be far off. Building Henley Monaco Nouveau Q1 - Mernda Villages https://forum.homeone.com.au/viewtopic.php?f=31&t=57810 http://razbuild.blogspot.com.au/ Re: Yet another fencing etiquette question 6Feb 15, 2013 7:31 am If I was in this position, I would try and explain it to her. WHY ... 1) I would hate to live next to someone who I had a bad feeling towards, it isn't nice to be on bad terms with your neighbours. 2) I would also have the feeling that I have paid her share, there isn't much that neighbours have to share the cost of, but little things can build up (like mowing to the exact fence line on the nature strip, parking cars in an inconvenience spot to you). If you start out 'bowing down' to her ignorance (and that is what this sounds like - she refuses or can't see past what her site looks like now) now is she going to keep taken advantage of this? I was in a similiar position where my back neighbour (an empty block with no intentions to build) didn't want the fence and did whatever she could to delay and avoid paying for the fence. The fencer tried to offer me a similar deal - pay part of her share and it will go away. I got some legal advice (free phone call, and some internet searches) and found I had done everything right (sent a letter stating I needed a fence, sent her quotes, gave her notice, etc) and she was legally responsible to pay for the fence. I gave the fencer her telephone number, her address and copies of my letter and quotes and he took it up with her. She did call me once and asked me to cover her share and she would 'pay me back' to which I said I wouldn't do - I had never meet this lady and it was clear she didn't want to pay for the fence - so I responded that if she really couldn't afford the fencing the only way I would cover her cost was with a legal agreement (which she would have to pay for) stating she would pay ... she refused and paid the fencer. Re: Yet another fencing etiquette question 7Feb 15, 2013 8:04 am Boosho, A family member had the same issue with large gap under single fence plinth due to fall of land; as the fence was kept level for estate regulation height. Contractor explained this and extra plinths were added at bottom to contain a dog and complete landscaping. Simple. Carlisle Homes 'Savannah 28' Visit our Blog: http://www.oursavannah28.blogspot.com Handover 31st March, 2011 - Landscaping completed Re: Yet another fencing etiquette question 8Feb 18, 2013 11:38 am Thanks Agape and Debra for the advice, She's insisting on not paying until the fence lowered.. and the fencing guy rang me to arrange a time to come and lower it which I dont want them to do.. and just to clarify she was to pay the fencing guy directly so he will do anything to get his money back.. She came by (to her site) on saturday, she didnt even look at me while I was outside, even though at the beginning we were very friendly and were on regular contact via email to give her updates on her build since she lived further out.. until she called me to say the fence "looks stupid" because of the gap.. i tried explaining to her that once you do your landscaping and you put fill then it should be fine.. She's expecting this side of the fence to look like the her other side that has also already been done, but her other side the fence is actually buried below ground and me being a vertically challenged person could see over the fence standing on her side patio.. Agape the point you make about not bowing down is exaclty why i dont want to pay.. at the end of the day the amount i would pay is only minimal so its not the $$ its more the concept that i dont have to pay, the fence is fine... she's just being difficult for no reason.. but to be honest I really dont want to speak to her coz its one thing to be neighbours who dont like eachother ignore eachother and never talk or say hello its a different thing to be neighbours who have had an argument about an issue and have to see eachother every day... Im confused about what I should from here.. Building Henley Monaco Nouveau Q1 - Mernda Villages https://forum.homeone.com.au/viewtopic.php?f=31&t=57810 http://razbuild.blogspot.com.au/ Re: Yet another fencing etiquette question 9Feb 19, 2013 3:53 pm Ugh. If the fence ends up too low, that will cause more hassles so I would dig my heels in and say flatly that I will not agree to a fence height less than it should be on my side because I will not agree to compromise my privacy. Depending on whether I could afford the risk, I might suggest that IF she pays her obligations to the fencer, then after the neighbour's landscaping was complete, the fence height could be reconsidered. If it was agreed at that point that the height was inappropriate, agree to contribute to a call out fee for the fencer to come back *then* and change it. If he can change it now, he can change it in 3 months time after all. My guess is that if landscaping will fix the problem, she simply won't pursue the matter post-landscaping as it will 'look right' and there will be plenty of other things for her to do with a brand new house. Land settled May '14. 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