Browse Forums Building A New House 1 Apr 01, 2013 5:20 pm Hi All, we need some advice about a fencing pickle we are in. It is proving very stressful! We have just completed a new home build in a new subdivision This is the first house we have built. All adjacent land is vacant except for one neighbor whose house is nearing completion. Our fencing and landscaping was built into the package cost of the house. Because of lack of experience, no advice from the builder and lack of time I didnt approach my neighbour and supply multiple quotes for the fencing. There are retaining sleepers built into the fence (cost us $1000) as well as the cost of the fence itself (quoted $75 per metre by the builder). Subsequent to the sleepers going in my neighbour has had to fix up some of the works done by my builder (half a days work) to get the sleeper posts level with his slab level. My neighbour is refusing to pay on grounds on lack of consultation. After a few conversations with friends and solicitors it sounds like is liable at least for half the price of a basic wooden fence and Ill need to take him to small claims to get paid. Has anyone had a similar experience that they'd like to share? How do I issue a fencing notice after the fact? Also, how do I get three quotes if the fence is already built? Am I likely to ever going to get paid? Thanks all Re: Fencing pickle - help! 2Apr 01, 2013 9:19 pm no, you failed to issue fencing notice, which he need to have for at least 30 days before you did any work. looks like you need to suck it up and move on. Initial Deposit 28/09/2012 // Prelim Contract Signed 25/11/2012 Selections 21/1/2013 to 23/1/2013 // Contract Signed 22/2/2013 Site Start 21/5/2013 // Slabbed 30/5/2013 Re: Fencing pickle - help! 3Apr 02, 2013 8:27 am I was under the impression you did discuss it with him first (I saw you talking with him and the builder before the fence was built). You don't need a fencing notice if everyone is OK with it. http://www.lawlink.nsw.gov.au/lrc.nsf/p ... 9APPENDIXB The above page is pretty clear. In the event you can't come to an arrangement (verbal is OK ), you need to serve the fencing notice. Seems like you may still need to go to court to get your money though, even with the notice. Pretty crappy situation though. EDIT: also, retaining walls are now part of the fencing act as far as I can tell. http://www.legalanswers.sl.nsw.gov.au/g ... walls.html Re: Fencing pickle - help! 4Apr 02, 2013 8:39 am Advise him of the costs - in writing - apologise for not doing so earlier - and mention the Small Claims Court. Say how much you don't want to do this - friendship etc etc - being neighbours for the next 20 years - but state it is only fair he pay his share. If he refuses lodge a claim. You'd win but will destroy any chances of a friendship - although this looks gone now anyway. You'll never forget what he did. Need to remove glass panel out of concrete without wrecking the glass to get the spa room in, any recommendations on how to do that. Thank you 0 39047 We are at the stage on our build in Kilcoy, Queensland where we need to get our fencing installed but we cant get any contact details for our neighbours to give them… 0 6169 Hi there, long-time lurker but first time posting. I've bought a house 2 and a bit years ago and last year we had some major water damage on a converted pergola area… 0 7936 |