I've just discovered that the previous owner of my IP installed a colorbond fence alongside an old fence, which apparently has asbestos. Now my neighbour wants me to go halves with the removal and replacement of a new fence to the tune of $3,600! As far as I'm concerned my IP already has a colorbond fence. What to do?? Right now I'm sitting on the fence
If the asbestos fence is on the property line - could you go halves in removal of old fence, and then moving your colorbond fence to run along the property line. This would save you the cost of a new fence (just pay the removal of one and moving of the other)?
Tell then to put up a fence on their side of the asbestos! Sandwich the evil demon in there forever! Why did the fence get put up that way in the first place? Maybe they didn't want to come the party to begin with
Most likely to conceal the fact from prospective buyers "look, new fences..." Does your council have incentives for the removal of asbestos? Pay for 1/2 the asbestos removal cost & leave the fence.
I agree - go halves in removing the asbestos and keep the colorbond as is. There's no benefit in moving it other than claiming back the boundary.. The colorbond fence being inside your boundary doesn't seem to be a problem at the moment? I'm sure the neighbour wouldn't mind in having the extra land for now?
If the asbestos is in good condition/ painted etc than you probably don't need to spend any $$- depends on your relationship with neighbor and any local asbestos removal incentives as snm says. I'd prob say- "I have a fence so no action req'd from my side?" Good luck, Wal
If you choose this path, then you should take some action to avoid any attempt at an adverse possession claim in future. Adverse possession can occur if a neighbour uses your land without your permission. After 15 years, they have a very strong claim to the land if they have been using it. I think you just have to acknowledge your ownership and their use in a formal means (get legal advice anyway). Who cares about. 15cm of land, you ask? Well, in Richmond Melbourne, that's a pretty expensive sliver these days.
If previous owner had to erect a fence themselves, maybe it was because the other side would not come to the party prior. If the asbestos fence is in good order, I would say a fence exists, ask them why they want to change it, then you can decide from there.
Hi Dreamgirl I'm not sure whether this applies in Vic or not, but in Queensland, you are only required to go halves if the fence is in a state of disrepair/damaged, or does not meet certain council planning requirements e.g. unapproved height. If the fence is in o.k. condition and functional, and you are happy with your existing fence, and there is no other requirement to replace it (e.g. via local government), then it becomes a preference to replace it, which is negotiable. You should be able to check your relevant fencing laws online. Cheers Jen
What's the condition of the old asbestos fence? If it is falling apart then you may be liable to contribute to it's removal which might not be cheap. I would want to dig a little deeper and find out why the previous owner put up another fence adjacent to the old one. Did the neighbour not want to share the cost?
Pretty sure asbestos removals in rentals are treated as an expense and can be claimed back in first year.
