A New Fence and trees/garden

Discussion in 'Legal Issues' started by Angel, 24th Feb, 2021.

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  1. Angel

    Angel Well-Known Member

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    Help please! The new neighbours at our IP want to replace a perfectly satisfactory timber paling fence with a colorbond one and acknowledged that they will have to wear the cost as there is nothing wrong with the timber one they want to replace. However they have asked that we remove not only every plant in our side garden in order to replace their new fence (including massive king orchids), they want us to commit to keeping any and every piece of plant life from ever appearing above their new fence. They want us to regularly clip the vegetation on our side so that it never ever grows above the height of their new fence. Sorry but not humanly possible and not acceptable.

    All the owners from our side (five of us) are happy to make it easy for them to build their new fence, but do not agree to keeping our tropical garden at the fenced height. We have several legit reasons for screening as high as it will go. We understand they wont want it to encroach on their side (50cm).

    Today we were informed that legislation decrees we have to pay half the cost of the job because we have rejected their offer and conditions.

    Other than engaging a solicitor or paying up, do we have any options? I have my own thoughts on the matter but would appreciate comments from the brains trust who are thinking more objectively than I am today.

    Thanks :)
     
  2. Joynz

    Joynz Well-Known Member

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    It is very unlikely (near impossible I’d say) that you have to pay anything at all if the current fence is ‘sufficient’ (that’s what Vic law says and I imagine QLD is similar).

    Do you actually want a colourbond fence anyway?

    From the BCC website:

    The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 deals with constructing and repairing fences that divide adjoining land. It aims to help you obtain a monetary contribution from your neighbour and includes instructions about how to resolve any disputes.

    The Department of Justice and Attorney General can help you to avoid conflict with your neighbour about fences.

    If you and your neighbour can’t resolve the problem, the State Justice Department Dispute Resolution Centre can provide mediation without legal action. If an agreement can’t be reached, the dispute can be taken to the Magistrates Court or the Small Claims Tribunal.
     
  3. wylie

    wylie Moderator Staff Member

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    When we had fence issues we went to the free legal service and got advice from them (google "free legal service Brisbane").

    Our issue was probably ten years ago, but probably it is worth a call.
     
  4. Noobieboy

    Noobieboy Well-Known Member

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    I second above. I see no harm in reaching for a free consultation. They will at least have more information than we have here and be able to direct.

    I would give BCC council a call too. They customer support is fairly helpful in this matter. If they can’t help they usually are able to point you in the right direction.
     
  5. Stoffo

    Stoffo Well-Known Member

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    You could have just said yes, not cleared anything, ended up with a new fence, and just forgot/fail to keep everything trimmed :p
     
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  6. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    What does the relevant dividing fences act say?
     
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  7. Joynz

    Joynz Well-Known Member

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    I even wrote the title of the Act down - see my post (post #2).
     
  8. Angel

    Angel Well-Known Member

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    Thanks @wylie, I didnt think community legal services still existed! I can call our solicitor tomorrow if necessary.

    Two weeks ago I skimmed over the act to what I thought was relevant clauses and didn't find anything about the height of plants on our side. Before posting here yesterday, I read at least half of the 77 page act. So far I cant find anything about the other party asking us to pay half if we are unable to commit to keeping our garden no higher than their fence height.

    Those of you who have posted know that I am smart enough to read the legislation and usually understand it. Like i said, i have my thoughts but I am fishing for what others with real world experience might be aware of. Have I missed something?

    We dont want to get into a dispute, and feel rushed by the other party. We are meeting our BC this afternoon.
     
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  9. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Keep records. When (if) they initiate a fences act claim you can refute their claim based on their stupid requests and the fact the fence wasnt needed and is not timber etc. Take pics to show that.

    You can access free support here :

    If there is no agreement on the Notice to contribute (Opens in new window) within one month after it has been given, you can contact a Dispute Resolution Centre to provide free assistance in resolving the issue through mediation. I would stick to my guns that the fence doesnt need replacement and make sure you can show that eg decent pics. The fact its timber and they want all sides as colourbond is their problem and their cost. The requests they made wont help their cause. Just stick to your guns that the fence is adequate as a dividing fence.

    Dispute Resolution Branch
     
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  10. Angel

    Angel Well-Known Member

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    Thanks everyone for your help. We should be fine now :)

    Don't you love life when everyone on the BC is in perfect agreement
     
  11. wylie

    wylie Moderator Staff Member

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    How did things go? I'd love to know.
     
  12. Angel

    Angel Well-Known Member

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    Where are we having that coffee?

    I went onto council's site and discovered our block of land is zoned for 15m building height - A couple of years ago MBRC had dropped it back to 8.5, so happy campers.

    The BC owners all came to the same conclusions when we read the other neighbour's email on Wednesday morning. We will draft a letter from the BC this week in response.

    The beach is delightful at 5pm.

     
    Last edited: 27th Feb, 2021
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  13. Phar Lap

    Phar Lap Well-Known Member

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    Perfectly UNreasonable requests with which I would not comply.
    tell them where to go.
     
  14. Gockie

    Gockie Life is good ☺️ Premium Member

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    Awesome! Did you let the other owners know about this? You could all do well out of it!
    Sounds like your BC are a delight to work with on this matter. Happy days!
     
    Angel likes this.

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