Sorry for the confuse ,here I try to make it a bit clear and include the chart:
Thanks if any one can help me here:
My house in Sydney just finished a new fence for $7000 There is no problem for me to share with My neighbor (No.6) in half (I am No 8). the problem is: how to share further with a energy company (there is a electricity station in the back of my house).
So this $3500 (half of $7000) I shall share with the energy company.
as you can see in the chart below:(black line is the fence. fence total length: 50m ,driveway length also is: 50m)
Next to the fence is a driveway (easement) all the way through to the back.next to the driveway then is my house .energy compnay and my house both use that driveway.THE DRIVEWAY IS NOT MY LAND ,IT IS EASEMENT.
the total length of the driveway is 50 m ,next to my land is 40m ,next to energy company land is 10 m.
shall i pay :4/5 of the $3500=$2800 ? or 1/2 of the $3500=$1750?
2800? or 1750?
Thanks for all help!
Ok. That’s clearer. If it was on the right hand side I’d say your calculations were correct.
It’s probably easier to assume your calculations though.
But- Who owns the driveway? Does your land finish at the fence or at your boundary?
If the energy company owns the driveway then they should pay for the fence as it’s half on their land and half of the neighbours. ie they should pay $3500 and the neighbour pay the other half.
If it’s a shared driveway (as in you both own it) you may need to pay half.
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This reply was modified 10 years, 4 months ago by
Catalyst.
Hi Catalyst Thanks for your reply.
the right hand side house number 8 is My house.
MY LAND IS FINISHED IN THE BOUNDRY ,NOT THE FENCE.
I really do not know who is the driveway belong to .
only know its not belong to me as my land about 640 sqm do not include the drive way.
i reckon i shall share half with energy company ,so i shall pay $1750 .do you reckon i am right?
RayI meant the right hand side of your block.
if the driveway is owned by council (or energy company) then really they should pay.I would get the neighbour to contact them first and see if they ask you for a portion.
Hi Ray,
Bsed on the updated information and the map, and your words, it seems to me that the Energy Co owns a “battleaxe block”. Thus they would own the driveway and be up for the fence.BUT, you use the word “easement”, which usually indicates part of a block of land being made available for “others to use”, and restricting you from building on that portion. So, is it an easement on your land or does your land stop at the boundary as you said.
Is it someone else’s easement? The Registered Plan for your area should put this argument to bed. If it is someone else’s, then it is they who should be sharing the cost of the fence.
Benny
Hi Benny,Thank you very much for your post.
after read your post ,i do come back to my doccument ,it really do not have the word “easement” i may be wrongly use that word.
i will post a survey report for you have a look .
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This reply was modified 10 years, 4 months ago by ray.
Hi
Catalyst
I post the survey report above ,would you be able to check: is this diveway belong to My land?
Many Thanks
Ray-
This reply was modified 10 years, 4 months ago by ray.
Hi Ray,
I wasn’t able to read the RP clearly, but the letter came up fine. It seems a larger block was subdivided way back, giving you a ~640m2 chunk of a larger block. It appears that your land is confined by your boundary, thus I think the Elec Co is up for the adjoining fence with your neighbour, not you.That RP plan was so unclear I can’t be totally sure of everything. Still, I see your land is 12.89m wide – yours and the 3.11m driveway would have been cut from a 16m frontage. It appears your block is ~50m deep. So, 50 x 12.9 = 645m2 which is about what you thought, yeah?
I think you are in the clear re that fence. Let’s see if others agree – I am not a Town Planner, nor even a builder, so I am reading this as a “layman” (i.e. I may have missed something important)…..
Benny
Hi Benny
would you give me your email I can send the that detail to you.
your information post is really make lot of scence,no matter whats happen at the end ,I want to hear your point .
many thanks.
Rayyes ,also the council land valuation paper is show 640 sq m of my land ,its just about 50m X 12.9M
Hi Ray,
I have PM’ed you,Benny
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This reply was modified 10 years, 4 months ago by
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