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New build - realignment of side fence, need neighbours contact details

Discussion in 'Legal Issues' started by Skuttles, 27th Jun, 2016.

  1. Skuttles

    Skuttles Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    79
    Location:
    Perth WA
    Hi all

    As part of our new build we've found that one of the dividing fences with my side neighbour is out of alignment, in their favour. Its not out by much and I would usually just leave it, but our intended construction/setbacks warrant shifting it back.

    The property next door is tenanted, but managed privately, so getting in touch with the owner formally (in writing) has proven difficult.

    I have the owner's first name, last name & mobile number from the tenant. I verbally spoke to the owner regarding options to resolve, but the conversation wasn't very productive and I would therefore prefer in future for things to be in writing. As part of our conversation he wasn't forthcoming with an email or postal address and I dont expect that to change.

    I have tried the intrawebs and council with no luck for a current, previous (last known) address or an email address.

    Any ideas of where else I could reliably locate some details so I can 'officially' correspond with him in writing?
    Do text messages count as a medium for 'official' written notification?

    Thanks in advance.
     
    Last edited: 27th Jun, 2016
  2. Joynz

    Joynz Well-Known Member

    Joined:
    5th Apr, 2016
    Posts:
    821
    Location:
    Melbourne
    Are you agreeing to give up land or wanting to take back land?

    If the latter, and the fence has been up for a while, you may not be able to get it back that easily - look up 'adverse posession'
    Might be different in WA to Vic?

    Also in Vic, fencers are allowed to move a fence a few mm - maybe 50mm according to a fencer I spoke with.
     
  3. JacM

    JacM VIC Buyer's Agent Business Member

    Joined:
    12th Jul, 2015
    Posts:
    1,106
    Location:
    Melbourne, Australia
    Get your solicitor to handle it for you.
     
  4. Skuttles

    Skuttles Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    79
    Location:
    Perth WA
    Thanks @Joynz , yeah WA has its own Fences Act, I previously went looking for anything specific regarding time that the fence has been up but found nothing. I am wanting to take back land.
    @JacM, given the neighbour's attitude I expect it will end up at my solicitors, maybe you're right and I should just go straight to that step, cheers.
     
    Last edited: 28th Jun, 2016