Fence issue

Discussion in 'Legal Issues' started by Just-An-Investor, 5th Dec, 2018.

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  1. Joynz

    Joynz Well-Known Member

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    Can you ask the builder why the extra pieces of wood are there (the vertical piece and the covering piece)?

    From the photo it looks like they might be regular fencing plinth? (Not what you would build a retaining wall with). Also, does the retaining wall only extend as far as the extra wood?
     
    Last edited: 9th Dec, 2018
  2. bunkai

    bunkai Well-Known Member

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    I don't see the relationship with putting your retaining wall on his property. (If that is what happened)

    Was a fencing notice issued btw?
     
  3. Marg4000

    Marg4000 Well-Known Member

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    I think the problem is that the piece of wood is covering a gap below the fence. The builder has taken the easy way our rather than building the fence to cope with sloping land.

    It seems the fence is built above the ground level, and the wood is put there to disguise this. Heavy rain will soon erode your neighbour’s land, probably his concern.

    Why was it done this way? Looks odd to me.

    If you have excavated your land, the best procedure would be to build a small retaining wall on your land, then put the fence along the original fence line level.
    Marg
     
    Last edited: 9th Dec, 2018
  4. Marg4000

    Marg4000 Well-Known Member

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    Sounds as if there has been conflict between the neighbour and the builder.

    I would not take the builder’s word in this dispute as his opinions are clouded by previous events. If you are interstate, you are only hearing the builder’s side of the story.

    And ignore the fact that “the neighbour got a free fence”. There are procedures to follow when building a diving fence including consultation on fencing style and getting quotes.

    Did you or your builder follow these regulations, or did you just expect the neighbour to pay half of the cost of the fence YOU (or your builder) wanted without any say in design or cost?
    Marg
     
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  5. Rugrat

    Rugrat Well-Known Member

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    The builder should have put that on your side of the fence. It may be an extremely petty issue that wouldn't bother you. But it does bother your neighbour, and really they are not wrong. It shouldn't be on their side of the fence, regardless of how trivial you think it is, or how you believe it wouldn't impact them at all.

    Basically you have 3 options:
    1) ignore the issue, hope it goes away and risk legal costs and money to rectify the issue if the neighbour decides not to let the issue drop.
    2) pull the fence down and move the retaining wall fully to your side of the boundary to rectify the issue now.
    3) offer some monetary recompense for the neighbour in lieu of rectifying the issue. (Get the agreement in writing so it doesnt come back and bite you later.

    On a personal note, If I were your neighbour I would be telling you to fix it too. I wouldn't want to be liable for cost of fixing the rataining wall if something ever happens. As it is directly on the boundary, costs would be split. If it is on your side of the fence, you are solely liable. Our neighbours out the back have a drop down to their yard, the retaining wall is completely on their side of the fence. Only just. But thats all it takes to make it their liability, not ours. So I understand why you neighbour would be miffed, especially if they have already gotten off on the wrong foot with your builder prior to this.
     
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  6. Paul@PAS

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

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    Horizontal timbers on the ground is a sure way to encourage termites. Moist timber lying on the ground - They love it. Its going to warp and look like hell quickly. And when its embeddded with weeds and grass the whipper snipper will destroy it.

    Tell him you are fine with him removing the horizontal timbers ? Then he can extend :)

    Some people are sooks
     
  7. Gavin Beard

    Gavin Beard Member

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    Get a survey on the boundary (this is at your cost). That will tell you what is what. If the retainer wall is fine, issue proceedings in QCAT to recover your costs for the fence. If the retainer wall is not fine, get him to agree to offset the costs of the fence for the wall - get it in writing (AKA emails is fine). If the fence is ok, dont bother trying to resolve this. When neighbours go rogue, its best to play hard and simply push forward. Good luck in QCAT and have fun :)
     

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