Fencing included in contract but builder says cannot complete

Hi all,

I have property due for settlement on friday.

Just received email from builder that fencing contractor has not yet had any response to fencing notice from left & rear right neighbors. As i have paid half share for the fence in my contract, fencer cannot erect fense unless full share is paid.

Therefore, i either pay remaining share or they re-reimburse money paid.

What options do i have?

Thanks
Rob

 

either
a) pay remaining share or
b) get reimbursed.

You can then chase the neighbours and see what their response is.

 

Thank Terry. So builder has no obligation to complete fence. i only have these two options?

 

what does the contract say?

 

I would think you are lucky. The neighbours haven't replied and he is offering your money back.

What evidence do you have that notices were valid and sent ? You cant now escalate this as a fence dispute if you dont have evidence ? You may be back to the start to get the fencing done. I would go chat to each neighbour. They may not be happy with the sole option of Fred the fencingman's quote.

 

Hi Rob,
I am assuming this is victoria.
Take the quote from the fencer.
Get your money back.
Contact council and they have a fence dispute resolution process.
Follow the process and when neigbors agree.
Use the quote to engage another fencernor nwgotiate with the neigbor when they plan to get it done.


Regards

 

Hi all, Thanks for input.
Builder says notices have been sent, two neighbours have not responded .
Paid half share to have fence installed as renting would be a problem.
Let's see how i go with neighbours.
Ta

 

Did your builder get at least two quotes to send to the neighbours with the correct forms?

 

Also, was the old fence adequate according to the fencing regulations?

If so, then the neighbours shouldn’t have to pay for any replacement if it just suited you to build a new fence because of the new development.

 

Best way to get things done is not require any $ from neighbours - they’ll usually do anything if costs them nothing.

 

Many (most?) states have regulations to compel both neighbours to contribute to a dividing fence whether they want it or not. Obviously there are correct legal procedures to follow.

 

My understanding of that is only if the current fence doesn’t meet the minimum reqs (i.e not if you remove the existing fence) and only half the cost of a reasonable quote to build a fence that meets the minimum req (which is less than a common fence in qld)

 

Thats why I never plan for neighbours financial support. Of course the regs exist but the energy to enforce them comes at a cost that should be considered with the financial costs. I’m not suggesting to give in, i’m like a dog after a bone if the benefit it worth it, just pick your battles.

 

For interests sake:

In QLD:
A dividing fence is considered ‘sufficient’ if the fence:

• is between 0.5 metres and 1.8 metres high
• is constructed mainly of ‘prescribed material’. This can be:
  • wood, including timber palings and lattice panels
  • chain wire
  • metal panels or rods
  • bricks
  • rendered cement
  • concrete blocks
  • hedge or other barrier made from vegetation
  • other material that fences are ordinarily constructed from

That fence described is well below the standard of what most would want to build. I’ve been here before and if the relationship with the neighbour doesn’t exist or they aren’t house proud / own a dog / or are an investor, good luck getting $$ for anything you actually want.

 

In my parents case they own a large block which is residential, with the fencing put up in the late 60s.
In both cases the rear fencing was replaced when the old houses were knocked down and redeveloped at no cost to them
They even had to to put up temporary fencing because of family pets present.

 

True if there is already a fence.

But I read the OP to mean that no fence presently existed.

 

If the rear blocks have no development on them , I'm assuming that anyone can enter the property from the rear of the house, without being seen, obviously not an ideal situation if the house is unoccupied and someone else helps themselves to ovens, hot water systems and other items.