Fencing cost splitting with neighbour

Discussion in 'Repairs & Maintenance' started by Kenster, 17th Aug, 2016.

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  1. Kenster

    Kenster Member

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    Can you help.

    A boundary fence that separate our IP with the neighbouring property is falling apart. Our tenant is screaming for replacement while the neighbour refuses to fix it, putting up reasons like we have to fix up cracks on our garage side wall first (on boundary line), including fixing that wall foundation to prevent future cracking.

    This fence is rotted and in pieces so repair is out of question. We are ok with replacement but would prefer the neighbour sharing half the cost.

    What options do we have regarding getting the neighbour sharing the cost?

    Thank you.
     
    Kenster, 17th Aug, 2016
    #1
  2. Scott No Mates

    Scott No Mates Well-Known Member

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    Mediation
     
    Scott No Mates, 17th Aug, 2016
    #2
  3. Propertunity

    Propertunity Well-Known Member

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    Look up the legislation applicable in your state (which you have not indicated). Google "dividing fences act".
     
    Propertunity, 17th Aug, 2016
    #3
  4. Kenster

    Kenster Member

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    This is in Vic
     
    Kenster, 17th Aug, 2016
    #4
  5. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Yep - just look up the relevant fences act.
     
    Terry_w, 17th Aug, 2016
    #5
  6. Colin Rice

    Colin Rice Mortgage Broker Business Member

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    Done one in WA and I paid for it and then sent neighbor a request for payment. They paid.
     
    Colin Rice, 17th Aug, 2016
    #6
  7. wylie

    wylie Moderator Staff Member

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    As the others have said, issue whatever "notice to fence" or other notices are required and then chase it up if they don't pay. Make sure you follow the rules and correct timings etc. Don't start anything until you've issued the correct notices or they "could" avoid paying.

    And take LOTS of photos of how bad the fence is. You may need the photos.

    And your garage wall is not their business. If it cracks, it is your problem to fix, not their problem. They sound like control freaks.
     
    wylie, 17th Aug, 2016
    #7
  8. GOU

    GOU Member

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    Have a look at your boundary lines while you're at it too. If it just so happens that your boundary is 100mm onto their side of the fence, build the new fence and laugh in their face
     
    GOU, 18th Aug, 2016
    #8
  9. Stoffo

    Stoffo Well-Known Member

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    As per the comments made by "wylie" ;)
    Notice to fence is a must, then follow all the timings to follow up as per Legislation.
    Or get a fencing contractor to quote, most will take on the neighbor for agreement to pay, or serve all the required paperwork to get it done right so they can get paid :D
    Only thing to add, is ensure you send all notices via registered post, so they can't deny receiving the notice :p
     
    Stoffo, 18th Aug, 2016
    #9
  10. Kenster

    Kenster Member

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    Thank you all your help
     
    Kenster, 26th Aug, 2016
    #10