Forum Replies Created
Housemender, I tend to agree with you that taking the matter to a small claims court will provide us with stress we could easily do without.
We are on speaking terms with our neighbours and we understand the long-term benefit of good neighbour relations, their actions however have not helped the cause at all.
After having a bit of a read through these forums on the topic of “objections” I can see clearly that we have gotten off very easily.
We will just put the fence issue down as a “cost” of doing our development and will focus on moving forward.
Elka, erecting a new fence is a standard clause for any new developments for this particular council.
In our case, although the existing fence is in good condition, our development has introduced some “privacy” issues which the new fence will address, i.e. higher fence, lattice work etc.
The upside is that the new fence will be a great addition to the development and will certainly improve it’s appeal.
Thanks for the responses everyone.
I suppose I should make it clear that I have a few “emotional” hang-ups with this situation as two of our neighbours have really abused the approval system to a) draw out the whole process at our expense and b) persist with items for the benefit of their own properties and to the “possible” detriment of ours.
Our approval process has been a long drawn out experience and having two neighbours constantly claiming to take us to VCAT unless all of their demands are met has left me with a bitter taste.
They certainly have done nothing for neighbour relations. Anyhow, this is another matter but it illustrates why I am asking these questions regarding the fence.
At this stage the fencing job will be around 10K for the whole property however the existing fence is no run down, it’s purely a requirement from council to erect a new fence.
I do understand that going to court over this matter is a waste of our time as by that stage we will hopefully move onto the next project.
Thanks Michael,
Although the neighbours will not likely contribute to the cost of the fence, would we have a case at the Magistrates Court as this is where any un-resolved fencing matters will ultimatelly end up under the Fencing Act 1968.
What is your advice on this matter, should be just absorb the costs and move on with the development?
Cheers
P
