Another fence question........ fence built in wrong location

Discussion in 'Legal Issues' started by The Y-man, 20th Mar, 2016.

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  1. The Y-man

    The Y-man Moderator Staff Member

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    Melbourne
    Hi All,

    I was going to tack this onto the various "fence issues" thread, but thought I better start a new one to keep the issue separate (maybe the topic deserves its own forum!)

    A friend went halves with his neighbour about 5 years ago to get an old fence replaced between them and his ppor (all good there). The neighbour organised some joe blogs fencing co to do the work.

    2 issues have popped up:

    1. My friend was always a bit concerned that his driveway along the fence seemed to have got narrower - but thought he was imagining it - as the old fence was a bit ratty. However he has just recently discovered through the council (?) and remains of the old fence line that the fence has definitely been built into his property.

    2. the people who built the fence seem to have disappeared (as he thought this would be the first port of call to dispute).

    His neighbour is not interested in rebuilding the fence (surprise surprise)

    What are his options? Self fund a tear down and rebuild?

    The Y-man
     
  2. Azazel

    Azazel Well-Known Member

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    Location:
    Brisbane
    Hmm, sounds a bit dodgy.
    Can he get surveyor to find the boundary and how much the fence is out?
    Small claims court?
     
  3. Scott No Mates

    Scott No Mates Well-Known Member

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    Surveyor to do a Boundary definition survey to establish fence line.
     
    Westminster likes this.