Hope this is in the right forum , I guess its general property
Just hoping someone can answer this question regarding fencing .
Our 2 neighbours ( each side ) have issued us a notice to fence and suipplied quotes which is fine but … we have our vacant block on the market to sell . Are we required to pay , or do we not have to ? Or.. can we stretch out the process by supplying a counter quote in the hope that the block sells soon ?? At the same time I dont want to have to let the owners take the whole cost but we are just not sure on the correct procedure ??
Thanks to anyone who replys !!
Good fences can only help your sale! Yes, you can get some of your own quotes but you will likely find that if action isn't taken soon one or both of the neighbours will get their solicitors involved to get the work done.
I would suggest getting the fences done but perhaps have a chat to your neighbours about your concerns?
Good Luck.
Thanks Sez , I think that’s the best option . I guess we will pay and add it to the sale price .
As far as I'm aware you're never in an obligation to pay for new/replacement fencing. If you agree to fence then you need to pay 50%, but you aren't required to agree.
Now this might be different for different councils maybe? Or if there is no existing fence at all? I'd call the local council and ask them.
As far I always thought, you are generally required to pay 50%.
I think this is the legislation you're after.
http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/LTObject_Store/LTObjSt2.nsf/DDE300B846EED9C7CA257616000A3571/CA2CBD776B601A5ACA257761001FC271/$FILE/68-7733a065.pdfNot sure if it's in the legislation, but if your neighour is the local council (and possibly some other authorities), you are required to pay the full amount.
Hmm, interesting. I guess I've only heard of situations where the existing fencing could be considered sufficient for the purposes of both parties.
Hi,
From my experience it also depends why they want to change it?
Best to ring your local council but you have to be realistic as well do you think your block of land will sell quick in this current climate?Your best off getting another couple of quotes and rather then adding it to your sale price do this instead.
If you get a offer and your happy to take it then take it and move on.
If they give you an offer and your not happy with it just say to the agent i want this price becasue ive just spent x amount of dollars on a fence.Jpcashflow | JP Financial Group
http://www.jpfinancialgroup.com.au
Email Me | Phone MeYour first port of call in finance :)
Not sure, but if you were given a "notice to fence", it might have to be declared in the section 32 (vendors statement) when selling your block.
Anyone know about that?
I think if you have received a notice to fence it would have to be disclosed to anybody wanting to purchase the land and as such they are going to be thinking along the lines of "ok, so I purchase for x amount and then I need to spend an additional x amount straight after settlement due to this notice to fence….." I don't know if it would need to be in the section 32 but disclosure is a must – good point tvproperty!
Another good point from above is council laws, I've dealt with several local councils in the south eastern suburbs and I've seen fencing matters end up in court (no, I'm not kidding) because generally council's opinion is that each neighbour pay 50% of the costs and if they wont, talk to your solicitior!!
Good luck with it all!!
It is not council’s opinion Sez, it is required under the dividing fences act, usually goes to mediation first to avoid court process.
Thanks everyone for your input !
I think as JP has advised , its best for us to do the fences once I obtain further quotes and use that as an advantage to the buyer in return for a ( hopefully) quick sale with minimal price negotiation on there behalf .
Thanks again ,
Brad
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