boundary fence

Discussion in 'Property Management' started by AxeLy, 7th Jun, 2021.

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  1. AxeLy

    AxeLy Well-Known Member

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    Hi members,

    It's an old house. Both sides of the boundary fences are in bad condition with many missing pieces. I had offered to both neighbours [via my PM] that I would fully pay for the installation of new colorbond fences.

    Neighbour-on-left-side was happy, as long as they need not share the cost.
    Neighbour-on-right-side was adamant that we do not touch her fence, even though my PM had shown her photos of the insecure worn&torn old fence.

    I have no time to waste on mediation process, as I need to quickly get my renovation jobs done and to improve the safety and security of my property.

    Question is :
    I intend to go ahead with the new 1.8m [height] fence installation on my side of the property line and leave the old fence intact since neighbour-right-side loves it so much.
    Can I legally proceed with this job ?



    boundary fence.jpg
     
  2. Firefly99

    Firefly99 Well-Known Member

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    I’m not sure but can the posts be dug in properly for the new fence with the old one still there? You might have to come back a bit into your land and then run the risk of loosing it later due to a claim of adverse possession.
     
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  3. Firefly99

    Firefly99 Well-Known Member

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    Perhaps talk to the neighbour yourself as well? Who knows how the PM worded it and may have got her offside. Perhaps she would be ok with a new wooden fence?
     
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  4. Ronen

    Ronen Well-Known Member

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    I'm not sure, but as far as I know, fencing laws actually mean she has to pay her part.
    Search for the law before you pay everything yourself.

    However, the fence she has to pay for will be the basic one, anything beyond that would be on you.

    +1
    Since this neighbour has the pleasure of living there while you had the tenants - she might be pre-conditioned to be very negative.
    Maybe talk to her and explain your side, so she'll understand you did whatever you could to get rid of the vermin and that you intend to move there yourself.
    If she'll see you're a reasonable and overall nice (taking you are) - she might want to come half way.
     
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  5. AxeLy

    AxeLy Well-Known Member

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    Thanks Firefly99 and Ronen.

    Pre-covid, I was able to fly back and forth every 2 to 3 months, and personally attended to tenant/neighbour issues myself.

    In the past, 2 big dogs from this right-side-neighbour liked to crawl through the old fence gaps into my backlawn and chased after my tenants' young children. I had dropped by this neighbour's house multiple times, knocked on the door, but she/he/they simply refused to open the door to speak to me. I wrote them a brief letter explaining that I'd like to discuss about fixing the fence, and left my contact number. No response.

    Before I left Melbourne, I instructed my tradesmen to close up the gaps with pieces of make-shift planks, which stopped the doggies' access.

    This time round, I had wanted to do a proper secure fence. I wrote both neighbours a letter explaining that my family would be moving in, and I had provided fence & colour options for them to agree upon. I also asked if they were willing to go half-half, or else I'd fully bear the cost if they were having other financial commitments. Left-side-neighbour [an elderly old couple] responded to my PM immediately and gave their happy approval but stated they had no money. No problem. I went ahead with the left-side fence installation.

    Still no response from right-side-neighbour. However, while my tradesman was taking site measurements around the fence and lawns, an elderly lady emerged from right-side house and shouted for my tradesman to "leave her fence alone". I reckon I should respect her wish and not touch her fence, but I'd build my new secure fence on my side of the property line.

    I don't feel safe having my family in that house without proper fencing and safety checks. I guess I have no choice but to proceed with this job.

    Hopefully, this is not considered "unapproved" job which the council would make me remove ?
     
  6. Firefly99

    Firefly99 Well-Known Member

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    Have a chat to her in person when you move in. It’s better to get her on side seeing you’ll be living next door. If she refuses then build it anyway.
     
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  7. Stoffo

    Stoffo Well-Known Member

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    Get a fencing contractor to quote.
    They can talk to the neighbor

    Should the neighbor not wish to proceed then have the fencing controctor serve them with notice to fence on you behalf (or they can supply you with all the forms)

    Ensure it is served via registered signed mail so you can prove it was sent

    Then after the notice period have the contractor do the job, the neighbor won't have a legal leg to stand on :p
     
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  8. Wiz

    Wiz Well-Known Member

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    Yes a notice to fence is a good solution that I have been forced to use in the past myself. It worked out well with a difficult neighbour who then realised that the fence belonged to both of us, and ignoring us would not work out well for them. If they ignore the notice to fence you are allowed to go ahead and build it after 30 days and take them to court to recover the neighbour's share of the cost.

    More information here:

    Fencing | Dispute Settlement Centre of Victoria
     
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  9. Mark F

    Mark F Well-Known Member

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    You have been very decent in your offer. It is NOT "her fence". It is jointly owned by you and her and if it is disrepair you have right (as noted in other posts) to follow certain legal procedures and force repair or replacement. Ask your neighbours who gladly accepted the fence replacement if they know her and would they help you have a meeting to discuss the issue. Chances are she is also broke and is worried about the cost to her.

    Don't give up a slice of your property.
     
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  10. Joynz

    Joynz Well-Known Member

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    Of course you can pay the whole lot if you like.

    But use the proper legal procedure. It’s clearly spelled out here Fencing law in Victoria

    Isn’t your wife moving in soon?
     
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  11. AxeLy

    AxeLy Well-Known Member

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    yes Joynz. You have good memory. My wife is returning next month to oversee the furnishings, but I want her to live at my parents' place first until I ensure that ALL security and safety checks are in place.
     
  12. AxeLy

    AxeLy Well-Known Member

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    Thanks Firefly99, Ronen, Stoffo, Wiz, Mark F & Joynz.
    I'd try another amiable approach to reach out to right-side-neighbour, and if this fails, I'd follow fencing laws, serve her the notice and go ahead with the job.
    Meanwhile, I'd have to instruct my tradesman to close up those gaps with make-shift planks. Some gaps are big enough for a six-footer guy to crawl through.
     
  13. Stoffo

    Stoffo Well-Known Member

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    Leave it until replacement
    Fixing it (even partially) may give the neighbor reason to refuse as the fence would be functional again...
     
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  14. AxeLy

    AxeLy Well-Known Member

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    Thanks mate. I didn't think about this :D
     
  15. AxeLy

    AxeLy Well-Known Member

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    My PM helped me serve the right-side-neighbour a Fencing Notice via registered post. She also approached left-side-happy-neighbours to help arrange a meeting to discuss. Happy neighbours declined, saying that right-side-neighbour is "not nice" and "unfriendly".

    Soon after, my PM received a call from right-side-neighbour yelling at her. Right-neighbour insisted that both houses [hers and mine] belong to her and no one can touch her fence.

    I asked my fence installer to help think of a solution that would respect this neighbour's wish [we think she has mental breakdown] AND preserve my slice of property.

    This is his solution : Nail my colorbond fence onto her timber fence.

    It does sound like the best option for both parties....... Am I missing anything ?
     
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  16. wylie

    wylie Moderator Staff Member

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    I like the idea of nailing your colorbond fence to hers. It doesn't "lose" any land that would be the case if you build a new fence just inside, on your own land.

    If that advice came from a fencing contractor, then I'm assuming he believes the posts that are already there are solid enough to take the weight?

    I'd go so far as to get it done the cheapest way possible if there is the possibility of it being removed and redone down the track when the snarky neighbour is gone.
     
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  17. AxeLy

    AxeLy Well-Known Member

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    Thanks Wylie.
    This neighbour has lived here for decades .... in fact, so does the other happy neighbour. I am just hoping to be respectful and to keep peace, especially when they are elderly.
    My fencing contractor said that the old timber posts are not solid, but he would do something about it to strengthen :)
     
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  18. Ronen

    Ronen Well-Known Member

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    I'd just go ahead and remove the fence. She can shout until her lungs hurt. Who cares?
    Once the fence is gone, she will keep shouting until the new fence is up.

    At the end, ask the contractor to issue 2 invoices, you can pay them both to remove the contractor from the picture and take the other neighbour to VCAT. She can try shout there as well.

    The fence is not hers. It's both of you and if it's completely broken and unsafe - you can remove it.
     
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  19. Cynthia Chow

    Cynthia Chow Member

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    Check with the council too! Some council has clear guidelines that neighbours need to share the cost of fence repair. Your fencer would be able to give a quote and the share for each owner.
     
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  20. wylie

    wylie Moderator Staff Member

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    Perhaps check out how you stand legally, if you issue correct notices in correct sequence, and timing.

    If she refuses to engage with you, make certain that you are legally allowed to remove the fence and pay for a new one yourself, before doing so.

    I'm assuming you are happy to pay for the whole thing yourself.
     
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