Thread: Neighbours, who fricken needs em

If one is only required to pay for half of a fence of the same style, then that's all one should pay.

Someone on this forum should know.

But firstly, did the fence need replacement?

If not, then I would imagine that you don't have to pay for any of it if the fence is being replaced just because the neighbour wants a colourbond fence. If I'm right (probably not), then that's worth checking out.

If the neighbour has already commence construction of a fence to which you have not come to an agreement, do they have to bear the whole cost?

Could be worth getting a legal opinion.

In SA - see http://www.lsc.sa.gov.au/pamphlets/fences.doc

<div class='quotetop'>QUOTE</div><div class='quotemain'>If you intend to remove or alter an existing fence, you should have your neighbour's permission or a court order. If you want to put up a fence where there has not been one before, your neighbour has a right to object. It is therefore sensible to talk to your neighbour first.
Also, your neighbour does not have to pay anything towards the fencing work unless:
· they have agreed to, or
· the proper procedure has been followed, or
· a court orders them to.
[/b][/quote]

In NSW, see Dividing Fences Act 1988

See http://www.lawlink.nsw.gov.au/lrc.nsf/page...es/R59APPENDIXB

<div class='quotetop'>QUOTE</div><div class='quotemain'>If the proposed work is more expensive than work needed for a sufficient fence, the extra cost should be paid by the person wanting the special fence unless both owners agree to share the total cost. [/b][/quote]

Have you signed the Fencing Notice agreeing to the work?


Ron

Keep them hanging Ace!

If they want a colourbond fence that is their problem. If you offer to pay a reasonable cost for a normal fence, then thats it....you don't have to pay anymore. I imagine that there would be a council involved sooner or later making representations for your nice friendly sh*ts next door!!!

Just string it out as long as you can, they don't really have the power to do anything.

Cheers,
Lyndon.

See also (NSW) http://www.dlg.nsw.gov.au/Files/Information/fences.pdf

plus this one in particular:

http://www.findlaw.com.au/article/314.htm

<div class='quotetop'>QUOTE</div><div class='quotemain'>Generally there is an obligation on neighbours to contribute equally to the construction of a fence. There are exceptions to this general obligation.

Practical examples. One party wants a fence that is of a quality higher than that which is expected for a sufficient dividing fence in the area. The owner will have to pay the additional costs. [/b][/quote]

and

<div class='quotetop'>QUOTE</div><div class='quotemain'>If you simply go ahead with the work, before agreement about the construction of the fence is reached, your neighbour is not liable to contribute to the cost of the fence. [/b][/quote]

If the council comes down on your neibours side, then something is wrong. They shouldn't be involving themselves in a disagreement between neibours (rebecca works in planning at a council :wink: ).

Also, check the covanents on the title. Often there is a clause limiting materials that may be used in construction and fencing. Colourbond fences are often expressley forbidden.

You are only required to pay half of the repair / replacement of the same type of fence, they can't force you in any way to pay the $1000 for the colourbond fence. If they want one so badly, they can build one on their property.

Ace,

Only a suggestion but......

1. Take out generous home and contents insurance policy
2. Get similar Landlords insurance
2a. Evict current tenants (if any)
3. Buy a heap of Sudafed, Pseudoehapdrines, etc. leave in the house
4. Rent house to Nomads, Gypsy Jokers, Comm's, Odins etc or the like

In no time you will have vengeance on fence builders, no house & a couple of tidy insurance payouts.

Of course 4a. could be to get the lads mentioned above to pay the neighbours a visit one night, show them a few bike parts, ie. chains, etc

Originally posted by Phoenix
Also, check the covanents on the title. Often there is a clause limiting materials that may be used in construction and fencing. Colourbond fences are often expressley forbidden.

Phoenix, you've obviously never been to Cullen 8O
Only limits on materials are compulsory asbestos and brick steps.

(only kidding - no offence matt/stacey)...

G'day Folks

Yeh !! 30 Bikers wearing Patches on your Front Steps at 1 am works wonders 8O 8O


been there Done That got rid of the neighbours :wink:

I know the rules, they know the rules, we have made clear the rules. But they dont care. We have been stringing them out for ages because we dont want to pay. The problem is now, that stacey is close friends with the people who are trying to make us pay after they had said they woulod pay. As a result stacey doesnt want to cause any necessary conflict. I dont think we should pay anyone, but i support what stacey wants to do, whether i agree with it or not. We hate the other people and they have made our lives hell harrassing us, they served stacey with a notice a few weeks ago and have now told us they will see us in court. Now i know and all of you intilligent people know that they dont have a leg to stand on but the stupid **** wits are going to try it anyway.

In the end we have to assess whether or not the fence will be an advantage at sale, it might be but because of the location i dont think a solid gold fence would do much for the property value, i dont reckon we will get the 2000 back at the time of sale. Matt