We have a house that has been subdivided into 2 and are currently constructing on the back.
Next door is a townhouse development nearing completion of 3 units. They have sent me a quote for the fencing down one side for us to pay half.
They had ripped down half the fencing at the back when they started building (over 12 months ago), and the rest of the fence is not in great condition. It is standing and upright, but because they ripped down about 20 metres of it down the back to build to the fenceline, that’s obviously no longer there.
Do I have to pay for the replacement fence? Or is this the developer next doors cost? It’s likely I would’ve constructed my back unit, and left the fence standing as it was previously. It’s about a 4m+ clearance, so there’s plenty of room on our block to keep fences in order. should i be paying?
Any thoughts on what’s standard process here?
Thanks.I will presume your IP is in Vic as you are.
I cannot see anything in the Fence Act 1968 regarding the replacement of an acceptable existing fence or a section that was demolished without the permission or consent of both parties.
So with that in mind
As far as the Fence Act 1968 is concerned you are only obliged to pay half the entire fence IF there was NO fence previously.
BUT you are can be obliged to pay half the costs to repair a damaged fence (tree fell or is falling down and dangerous) that doesn’t suit both your requirements also.
You should be able to negotiate that …
…..as the previous fence was adequate you had no intention of replacing it and therefore feel you shouldn’t be expected to pay half the costs of replacing it.
…you could also negotiate that you feel that the 20mt section that they removed (without your approval) should be paid for in total by them anyhow.
…You could also suggest to them that the remaining fence is suitable for your requirements for the time being.
…Of course if the fence does need replacing you could also obtain 2 other quotes of your own to ensure that they are ‘healthy’ quotes and take the opportunity to fix it up a bit.
…you should also reply in writing within as short a time frame as possible of your intentions as a non-reply can allow them the right to proceed. You should take photo’s of the fence in the meantime to support your argument if the matter goes further.
…you can suggest to the developer that you do not feel that this situation is one where the Fence Act 1968 applies. If they disagree they are then able to take the matter up with the Magistrates court which will decide what type of fence and in what proportions the relevant parties are responsible for paying. You may pay nothing or you may pay half depending on the court. Of course if you do this I would suggest that you DO seek advice from a professional in the area you are from (solicitor) and read the Fences Act 1968 as I don’t intend for you to lie.
Get some legal advice if you intend to try to avoid payment.
To read the Act http://www.austlii.edu.au/au/legis/vic/consol_act/fa196867/s7.html
hope that link works.Julie Fisher
daryl fisher homesthe developer has to inform you in writing as to their intention to build a new fence BEFORE they proceeded to demolish .as this was not done you are not legally obliged to contribute anything to the new fence [biggrin]
kind regards
http://www.kitcheninabox.com.auwell an update on the situation.
I went out to the property to get some photos that demonstrate the fence's current situation and found the whole fence has been removed. I have not authorised the quote they've given me and have typed a letter to them but have nowhere to send it.
This morning i rang the builder and asked if they decided they are paying for the fence replacement in full becuase i was suprised to turn up and find the fence gone altogether. He said no but he's not waiting around for a response to the quote. I believe I have 4 weeks to respond and then they could give me a notice to fence which i can then dispute still.
I asked for the owners address (i've never spoken to the owner) and he's given me his number and I have left a message for the guy, but I have nowhere to send any response at the moment.
i am very frustrated with the whole situation as if they had not developed next door I am sure this fence never would've been requested to be replaced by the small house previously on the block. the fence was not in great condition but it was upright and served it's purpose. I have one photo from before the development of the top area of the fence on the block. It shows it is structually standing and ok.
The builder cracked it at me on the phone today and said well he'll just leave it open then and not worry about a fence. he was been a bit immature. he's the one that decided to go and pull the entire fence down without authorisation!
this whole project next door has been a bit of a mess. the original guys that pulled areas of the fence down ended up running off with a heap of money and this guy is a new builder that came on the scene. he doesn't care to listen to anything, and hence why if i get the same response from the owner I might have to leave it to mediation or a magistrate to decide. I may be willing to pay a small portion of what was left of the fence that they've pulled down yesterday but i don't want to pay for the sections they removed without permission which allowed them to then build to the fenceline.
this whole project next door has been a bit of a mess. the original guys that pulled areas of the fence down ended up running off with a heap of money and this guy is a new builder that came on the scene. he doesn't care to listen to anything, and hence why if i get the same response from the owner I might have to leave it to mediation or a magistrate to decide. I may be willing to pay a small portion of what was left of the fence that they've pulled down yesterday but i don't want to pay for the sections they removed without permission which allowed them to then build to the fenceline.[/quote]
go get some legal advice ,in qld you can get a 20 minute session with a lawyer for $20 ,you will no doubt have a similar thing down there ,even if you have to pay for the consultation you will at least be armed with the correct information to throw back at them
We have an acreage block with barbed wire fencing – the whole area is post and barbed wire as it is rural residental and most horse country. The neighbours have a dog that keeps escaping and they ahve decided they wnat to replace the fences with cliplock fencing and want us to pay half the cost
Does anyone know what our position is on this – do we have to do as they ask just because they want a new fence to keep thier dog in?
Linda
Hello Lady 24
I don't know the answer but would be very surprised if it was yes. Why don't you ring up the council and ask?
Please let us know when you find out.Thanks
ElkaHiyya Nats,
What a drag! There was a good feature on fences in the API mag a couple issues back. I think I've got a copy I could scan and email to you if you're interested. Send me a PM if you want me to.
Cheers,
ArtLady24 wrote:We have an acreage block with barbed wire fencing – the whole area is post and barbed wire as it is rural residental and most horse country. The neighbours have a dog that keeps escaping and they ahve decided they wnat to replace the fences with cliplock fencing and want us to pay half the costDoes anyone know what our position is on this – do we have to do as they ask just because they want a new fence to keep thier dog in?
Linda
I wouldn't think so either. As far as the Fence Act 1968 is concerned I interpret the act as follows –
..you are only obliged to pay half if there wasn't a fence previously or the existing fence has been damaged (or is dangerous). If the current fence suits your requirements and is in good condition then they could look at other options such as lining their side with chicken wire or putting their dog on a wire run.Julie Fisher
Daryl Fisher HomesI suggest to all to do nothing.
From all of your positions your fences were doing their jobs perfectly.
A dog entering your yard could be a problem but if it doesn’t bother you is it your problem really?
If there were no safety issues and the fences were in good order from your perspectives there was no need to replace them.
Having said all this please remember good neabours can be fantastic assets to have surrounding our properties.
So weigh up if you should do anything based on harmony with those around you.
If the situation is like most people these days and you say hello once in a while or communicate only when there is a problem than I suggest fixing that and getting to know them better or returning the same service they give you (personally I would go with the first choice).
Leave the ball in their court, bullying can only work if you listen to them so if you want a way out of the entanglement send them to someone who can decide if its important enough to actually bother you with.
A business friend recently pointed out to me how much of my time was being wasted with unnecessary tasks, his suggestion was to pass the buck to someone else to handle and for me to spend my time on creative work tasks first.
I have found more often than not people are all bluff so don’t feel intimidated.
My suggestion here is to do nothing unless replacing the fence is in your interest at this point in time.
Should some one push the issue and try to coerce you into action that is not needed say no thanks not necessary and let them know of your solicitor’s details should they wish to take the issue further?Should they have a clear case for some monetary costs from you ok then?Solicitors & tradies etc are expensive so if their services are not necessary why should you bloody well pay for them.
Let them decide if they are willing to pursue an unwinnable / unprofitable situation at their expense.
State your position clearly and place them in contact with your legal representative ASAP.Often distancing yourself from the situation releases the pressure from you and gives you a clear head to think.
In this way all unnecessary expenses could be avoided.
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