Duplex Fence

Morning,
My elderly father owns a duplex at Tweed Heads. His neighbour (owner of the other duplex) has messaged me wanting Dad to pay for part of the cost for a new fence on their side (i.e. between their duplex and the neighbour to their left). I'm not familiar with who is responsible to pay for this and wanted to know if anyone can point me in the right direction please.
Thanks

 

A duplex is a limited form of body corporate and each owner shares the common fencing and all common property costs. The strata will also insure a duplex building. I see no basis why each owner shouldnt pay 50%. Provided the state laws are complied with. There is a process to a claim for a fence. A text may not be sufficient. Given the mutual ownership it will pay to be co-operative.

The fence with the neighbour may well be a cost for that owner alone. Depends how the body corporate is maintained.

 

Thanks, I've never owned a place with body corp/strata. It's a very separate kind of yard situation but the neighbour explained to me that all fences are common property. I'm just wondering if all yard space is common property too? They are very nice neighbours and I didn't want to come across as "tight" but also don't want to spend Dad's money if it wasn't fair. Thanks for the reply.

 

Check title and seek legal advice. yes yards could be common property but are not usually and are set aside for each as part of the strata entitlement. But maybe not the front ? driveway ? . Its like an apartment may have a pool. Nobody own it as such but each has a share of common property and its part of the entitlement. Some duplex have own title and some its a "SP" (Strata plan) and on review and legal advice you find out its incorrectly insured or at risk and uninsured or in dispute at the time of a claim. The "building"may be property of a the strata and each owner has a 50% interest. Its just a technicality about who owns it. Each owner contributes to a fund to maintain and insure. Many duplex owners only realise later. You neighbour burns down his half...and your dads and the insurer has a issue. Many insurers will refuse to insure a building this way. eg NOT two building policies. Imagine that - which one will pay or decline ? They both may decline. Not uncommon formalities are ignored and the insurance can be trigger. Problem with strata policy is if one doesnt pay you dont want it uninsured for both.

 

Look for the fences act or similar in the state where the land is. Search for it on google and have a read. Likely he will be liable for half the cost for fences between the 2 properties