Fencing with neighbours / obligations

Discussion in 'Development' started by Keentolearn77, 2nd Sep, 2019.

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  1. Keentolearn77

    Keentolearn77 Well-Known Member

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    what are people’s understandings regarding neighbours dividing boundary fence agreements / acknowledgements.

    As a small time developer, as part of a planning permit I have to pay 100% for replacement of a new and improved boundary paling fence. (Neighbours do not have to pay a thing).

    The neighbours settled with council regarding the planning permit a yr or 2ago re this development, provided I pay the cost of the fence.

    Now has come the time for the old fence to be pulled down and the new one to be built.

    I sent the neighbours a hand delivered letter over a week ago, advising anticipated dates for these works to take place roughly 3 weeks later, and to please respond by email, ph or in writing acknowledging or getting in touch if they wish to query / discuss anything.

    I have not heard a bo peep from them yet.

    I don’t know them,
    do I ........
    A). go and disturb them with a door knock and risk confrontation (hopefully not)
    B). Send another letter, this time by registered post.
    C). Go ahead and just build it ( not ideal) and I would assume I need them to acknowledge back to me, ie ensure any pets they may have are contained, or other unknown factors etc......etc.....
    D). Liaise with council / planning dept.....

    Hmmmmm
     
  2. kierank

    kierank Well-Known Member

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    What State is the development?

    In Qld (my home State), we have an Act and it details the procedure one should follow.

    I would imagine other States would have similar Acts
     
  3. Scott No Mates

    Scott No Mates Well-Known Member

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    You have advised the neighbours, you are fulfilling your obligation to replace the fencing at your cost. All you can do is serve notice as per the Dividing Fences Act (NSW) if there is a prescribed way of serving notice. Council may assist in providing postal addresses of neighbours (or undertake the notification for you).
     
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  4. Joynz

    Joynz Well-Known Member

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    You only asked them to contact you if they wished to discuss anything. Clearly they don’t just now.

    You need to provide exact dates too. Hard for them to respond to ‘roughly three weeks’.

    I would also knock on their door and have a chat. But do everything by the book...including a notice to fence if needed.
     
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  5. Propertunity

    Propertunity Well-Known Member

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    It might not even be the owners living in the house. It could be tenants. I'd follow the advice of the others above - serve notice as per the Dividing Fences Act in your state. I'd also pop a letter in their mailbox advising them to keep pets/children inside or secure while the work is undertaken.
     
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  6. Tufan Chakir

    Tufan Chakir Well-Known Member

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    In Vic there's a Fencing Act
    Your fencing contractor should know about it and should be able to provide the paperwork. Basically it means follow the process and build the fence, but gte the paperwork right at the outset
    Does the planning permit specify the type of fencing required?
     
  7. Sackie

    Sackie Well-Known Member

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    Agree. Don't be on the fence about following the right procedure.
     
  8. lmac

    lmac Active Member

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    The costs of non-compliance will pale in comparison to those of doing it right.
     
  9. Keentolearn77

    Keentolearn77 Well-Known Member

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    Location:
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    Its in vic
    I specified the exact 2 day dates we intend to build
    Planning permit specifies the exact type of fence
    Pretty sure they’re they owners from previous council contact last year

    I’ll read up on the act, contact my fencer & council

    Cheers all
     
    Propertunity likes this.