Recently bought an investment property which has some broken fences. Neighbour is now asking me to get it fixed, What are all my rights here? Can i say No ? I dont want to do anything immediately. thanks
First thing is to find out the leglislation regarding dividing fences in your state/council. Usually you are compelled to contribute to repairs to a broken fence. Surely you took into account the broken fence when making your offer for the property as you would have realised repairs were necessary?
Thanks Marg4000, Will Check the legislation. Yes I know that it needs to be fixed but didn't realise its kind of immediate fix and neighbour will make a complaint about it. how usually fence is maintained ? which side we own or something like that ?
Well.... assuming it’s justified, you will most likely need to pay for half the costs and if you want to be a good neighbour and can afford it, you should do so quickly... or perhaps you don’t care about being a good neighbour or can’t afford it so sit on it for as long as you need to. If it was me, I would try to do the right thing for my investment/tenant/neighbour and if I couldn’t afford it, I would have an honest conversation with the neighbour to try to work something out.
The neighbour may have not had luck with the old owner in getting these fixed and probably hopeful that you as the new owner would want to improve the property. Ask them to get some quotes so you know what the expense is likely to be and then you can discuss to work out a timeframe if its down the track.
And it wont be tax deductible since its an initial repair. Your property state neigbouring fences laws apply. Many neigbours dont follow the process so become familiar with the requirements. Yes, you can be obliged to pay 50% but there are conditions to the fence type and the process
I think: you are obliged to make it out of the same materials as it was before. Any 'upgrades' need to be agreed upon by both sides. I hope this helps
You'd be amazed how many fences are easily repairable- a couple of new posts fixes 90% of fences I deal with, and the old hardwood lasts so much longer than the pine these days!
Check the regulations in your state. Usually Fair Trading - or whatever the local version is - has the links. You are not obliged to use exactly the same materials for a replacement just required to have a ‘sufficient’ fence replacement (if required).
If fences are in need of attention, I'd jump at the chance to have a conversation with the neighbour to fix it up. I'd say it's the easiest path to having well maintained fences as they do the hard work getting quotes, chasing contractors etc. You just need to have a civilised conversation with them and agree what the fair cost sharing arrangement is. It may not be half as they may want higher fences etc so foot the extra. Even better is if they have started a conversation with other neighbours who you are also a neighbour with, you can hop on the band wagon and have conversations to replace more dilipadated fences. Essentially talking to neighbours is a pain in my experience when you don't live there. Chasing fencing people for quotes is also work.
