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Shared fence repair - their way or no way

Discussion in 'Repairs & Maintenance' started by Raydar, 30th Jul, 2015.

  1. Raydar

    Raydar Well-Known Member

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    We have an IP that had some fence damage in a recent storm. Our IP boarders several properties and have been able to work with 2 of our neighbours fine. However, the third neighbour happens to be Hunter Water (gov body). In this case it is our entire rear fence.

    Essentially there is a grass 'lane way' at the rear of the property however its land owned by Hunter Water. Us and our neighbour share the boundary and we both have a shed at the rear of our property and gates for access. The properties are approximately 60years old.

    When we approached Hunter Water, they were happy to go 50/50 until we issued the quote for a fence and new gate. They are refusing pay if there is a gate involved. They have mentioned they are open to a replacement gate, however with the proviso of rent for access.

    When we purchased the property, none of this was disclosed, however I believe no such agreement was in place. Currently the neighbour doesn't pay for access.

    Does anyone have any experience with 'right of way' due to historical reasons. Or anything along that way of thinking.

    Cheers.
     
  2. Propagate

    Propagate Well-Known Member

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    Is there anything shown/noted on your title? Our title plan has a cryptic note on it about a "right of carriageway" over the rail line, (which is way away from our house, so no clue as to what that means and I've never been game to make any noise about it in case it's detrimental to us in some way).
     
  3. Raydar

    Raydar Well-Known Member

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    I will need to check. Pretty sure there is no clause like that hence my question regarding historical reasons.
     
  4. jaybean

    jaybean Well-Known Member

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    I have a shared fence with some public houses. I wouldn't even know where to begin to get it replaced or fixed...!
     
  5. Perp

    Perp Well-Known Member

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    If you're thinking of "adverse possession" - where if you use land for a certain amount of time, it becomes yours - this is only possible over a whole parcel of land in NSW, not over a portion of it. So if - as I'm assuming - the laneway is part of a larger piece of land, and you've only used the laneway, it's not possible to use adverse possession to claim that you own the laneway.

    Your mistake was in having the quote mention a gate! Trap for young players...
     
  6. Raydar

    Raydar Well-Known Member

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    The lane way is purely a 2.5m x 60m plot of land, just a lane way.
    Yes indeed, I'll take that as a lesson learned. BUT not giving up the fight just yet.
     
  7. Chilliblue

    Chilliblue Well-Known Member

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    Get the price for a fence without gate and add gate in later at your cost.
     
    Hodge and wylie like this.
  8. Raydar

    Raydar Well-Known Member

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    We have thought of that. The question then arises what happens when they find out we put a gate in?
     
  9. Chilliblue

    Chilliblue Well-Known Member

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    1. Write back and attach a quote without the gate.
    2. Agree on the attached quote and how and when payment will be made to you (remember to have everything documented in writing).
    3. At the end of the works, take an photo with date stamp and forward them a copy.
    4. Collect monies.
    5. Sometime in the future add gate.
     
    sydprop likes this.
  10. Samten

    Samten Well-Known Member

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    So how come you have a shed on Hunter Water's land?
     
  11. Perp

    Perp Well-Known Member

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    I originally read it that way, too. I don't think so. I think the shed is on the rear edge of Raydar's property, and there's a rear laneway that you can use to directly get to the shed, and it's the *laneway* that's owned by Hunter Water.
     
  12. Samten

    Samten Well-Known Member

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    But why would you need access to the shed from a laneway if it was on your property?
     
  13. Perp

    Perp Well-Known Member

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    I'm guessing that because historically, people could use the rear laneway, the shed's been constructed facing the rear laneway, and/or there's no vehicle access to the shed from the front of the property.
     
  14. Samten

    Samten Well-Known Member

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    Mmmmmm maybe Raydar can enlighten us.
     
  15. Raydar

    Raydar Well-Known Member

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    Yes, shed at the rear of our property, facing the boundary with a gate between 'us and them' got access into the shed.
     

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  16. Waldo

    Waldo Well-Known Member

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    You've asked the government to go half on a fence backing onto a laneway? Does that mean I can ask the council to pay for half for my front fence as it fronts onto council land (the verge)? If not, why is this any different?

    I think their request is quite reasonable - would you object if they use the gate to drive from their laneway into your backyard? I imagine you would.

    The neighbour currently pay for access? I wouldnt upset the govt too much, otherwise your neighbours may hate you for making them lose access (or have to pay!). As for what happens if you put a gate in later - I think its called tresspassing?
     
  17. sydprop

    sydprop Active Member

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    Only replace the part of the fence without the gate?
     
  18. Raydar

    Raydar Well-Known Member

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    Unfortunately the gate is also damaged and can't be opened. ATM we are still waiting after numerous calls and emails to see what their verdict is. We are waiting to see if there is an historical agreement permitting the gate.
     
  19. Raydar

    Raydar Well-Known Member

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    Finally we have heard back from HunterWater and have been provided with a 3 year agreement for access @ $400 a year. At worst, we shell out $1200 get the gate we want then not re-enter into contract. Cheaper than having to pay for the gate ourselves.
     
  20. Scott No Mates

    Scott No Mates Well-Known Member

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    Adverse possession only applies to old systems title. The land clearly has an owner, Hunter Water. You are not currently contributing to the block eg paying the rates, mowing lawns/maintaining structures etc.