Fixing a fence on a house for sale

Discussion in 'Repairs & Maintenance' started by grk349, 21st Sep, 2017.

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  1. grk349

    grk349 Well-Known Member

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    Hi all,

    My un-contactable neighbours have vacated their house and it is now up for sale.

    The adjoining fence needs fixing as it is leaning towards me (caused by their trees pushing it)

    Do you think I should make a claim against the current owners (through the agent), or the new owners?

    Thanks
     
    Last edited: 21st Sep, 2017
    grk349, 21st Sep, 2017
    #1
  2. wylie

    wylie Moderator Staff Member

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    I'd not waste my time with the people who just want to sell and move on. I'd wait and sort it out with the new neighbours.

    You've said they are uncontactable. They just aren't going to be interested in spending money to fix it IMO.
     
    wylie, 21st Sep, 2017
    #2
  3. Colin Rice

    Colin Rice Mortgage Broker Business Member

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    I believe you can contact the local council on these matters and they may provide a forwarding address so you can make contact, at least in WA you can.

    I would try the current owners first and pitch it is as a way to make the property more attractive therefore potentially sell for more and quicker.

    If not successful then the new owners will be the next step but not sure of your chances unless they want it fixed as well?
     
    Colin Rice, 21st Sep, 2017
    #3
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  4. grk349

    grk349 Well-Known Member

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    thanks for the replies. i will wait to see what happens as they might see the house as unsaleable with the fence issue and fix it themselves
     
    grk349, 21st Sep, 2017
    #4
  5. Marg4000

    Marg4000 Well-Known Member

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    I can't see a dodgy fence making a house unsaleable.
    Buyers would simply deduct a couple of thousand dollars for a possible future repair.
    Marg
     
    Marg4000, 21st Sep, 2017
    #5
  6. wylie

    wylie Moderator Staff Member

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    Am I correct in assuming that if the fence is in need of replacement, then it doesn't matter who owns it, that you have an avenue or process to issue a "notice to fence"?

    The new owners, buying a house with a fence that really needs to be replaced (who makes that judgement?) cannot say "I just bought the place" as a reason not to pay up if the fence is literally falling down, can they?

    Fences are tricky. We've had our own "fence story" and it seems there are no hard and fast rules.

    Does it come down to someone's opinion of whether the fence needs replacing? Who is the judge? I know several "fence stories" where the outcomes were far from clear cut.

    Our son just took neighbours to tribunal to try to force them to pay for half of a fence that really needed replacing. They were told to pay up (not quite the full asking figure). Perhaps it comes down to the adjudicator on the day?
     
    wylie, 21st Sep, 2017
    #6
  7. Scott No Mates

    Scott No Mates Well-Known Member

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    Better off trying the vendor first as the new buyer will be stretched for cash after paying stamp duty, mortgage insurance, legals etc.
     
    Scott No Mates, 21st Sep, 2017
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  8. wylie

    wylie Moderator Staff Member

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    Would need to follow rules "notice to fence" (or whatever) for the state. Then how do you force a vendor to pay for a fence when they are already uncontactable?

    And if you took them to tribunal, how do you force them to pay? They've sold and moved on. I think you would be flogging a dead horse.

    Is there time to follow the correct procedure with a house already on the market? Would they pay up?

    It sucks, but I reckon it is a waste of time.
     
    wylie, 21st Sep, 2017
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  9. Scott No Mates

    Scott No Mates Well-Known Member

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    @wylie - If you can get a judgement and caveat up prior to settlement, they may come to the party ;)
     
    Scott No Mates, 21st Sep, 2017
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  10. Chivaun.Shortis

    Chivaun.Shortis Well-Known Member

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    There are different legislation in states but up here in QLD we have dividing fence laws that are very fair for both parties. Worst case scenario it ends up in QCAT
     
    Chivaun.Shortis, 22nd Sep, 2017
    #10