Fence Question - neighbour is doing a knockdown rebuild

• 

  trex on 14/01/2015 - 22:45

  +2

  Hi,

  Good that you have done your research. You are within your legal rights to decline contributing to the new fence since the original fence is still in a good condition. I live in WA where there is a section on redevelopment of properties (link below) but it still falls back to whether the original fence was a "sufficient fence".

  http://www.commerce.wa.gov.au/sites/default/files/atoms/file…

  I think you have done it the right way by explaining your situation and if your neighbor is someone decent, he/she would understand and not push it any further. Good luck!

  • 

    Settero on 14/01/2015 - 23:50

    this might be right , BUT , im a little worried that this was pre talked about , if op had agreed to paying some sort of amount… he actually might be liable for some of it , as the guy who pulled down the fence might not have done so , if op had not agreed, this might come to bite you in the ass.

    it would be very different if one day op's neighbour just removed the fence and asked for half or even 25% without having talked to him before hand.

• 

  endotherm on 14/01/2015 - 22:50

  +2

  I'm thinking him paying 75% might be reasonable in the circumstances. I'm assuming the size of the existing fence was the same as the brick wall. As I see it, the brick wall was part of a building on his property. He owns it 100% and you were coincidentally using it as a fence. You do not have the right to do anything to "your" side of the fence, e.g. paint it. It might have been permissible in the past to hang trellis and grow a plant across it. He is under no obligation to leave it there and give you the use of that part of the fence. He was responsible for 100% of the upkeep of that section while it was there. Now that it is gone, there is no fence on the border of the property, so therefore the owners need to negotiate to erect a fence. It doesn't matter what the condition was because he owned it 100% and can do whatever he likes with his own property. So what you are left with is a situation where he has removed the lattice section, but is offering to pay for the complete replacement (50% of the fence) himself. What would be left is another section on the boundary between properties, which doesn't have a fence. He is asking for you to go halves in building a fence for that section. Your existing jasmine and lattice squares were essentially getting a free ride piggy-backing on his wall. They really would not be considered a fence. Once a new fence is up, you are free to attach it to your side of the fence, as you will be half-owner. So in these circumstances, I would think a 75%-25% split is reasonable. I am from Victoria and that is how I would apply the rules here, hopefully Sydney has similar rules and nothing bizarre that would radically alter the scenario. Good luck!

  • 

    whooah1979 on 15/01/2015 - 00:23

    +1

    paying 25% of fence would be around $250-$350 depending on style and workmanship. that's not a lot to pay for an investment that can last for >20 odd years.

    • 

      chriskq on 15/01/2015 - 14:03

      true, but the brickwall boundary fence would have lasted longer than that and now there is just temp wire fencing in our backyard which is making things more dusty as they are starting to dig for a pool that will be along that wall.

      • 

        whooah1979 on 15/01/2015 - 14:55

        +1

        "fence" means a structure, ditch or embankment, or a hedge or similar vegetative barrier, enclosing or bounding land, whether or not continuous or extending along the whole of the boundary separating the land of adjoining owners, and includes:

        (a) any gate, cattlegrid or apparatus necessary for the operation of the fence, and
        (b) any natural or artificial watercourse which separates the land of adjoining owners, and
        (c) any foundation or support necessary for the support and maintenance of the fence,
        but does not include a retaining wall (except as provided by paragraph (c)) or a wall which is part of a house, garage or other building.

        dividing fence act 1991

      • 

        chriskq on 15/01/2015 - 16:13

        @whooah1979:

        appreciate the feedback - taken on board

  • 

    ESEMCE on 15/01/2015 - 08:22

    +1

    IANAL but I agree that the wall was not a fence, it was a building.. Therefore OP should by rights pay half of the cost to erect a fence for the length of the wall..

    25% is a bargain.

    • 

      chriskq on 15/01/2015 - 14:08

      the original brickwall fence or side of his building was there before we both bought the properties. We both bought at the same time and his house came with plans to knockdown and rebuild (we did not know this before buying, but thats not an excuse for anything)

      So to sum up, the fences that were there are fine, he is choosing to remove them to build his new house and we were originally told the brick wall fence was staying. I need to think about wording my response to him.

      • 

        ESEMCE on 16/01/2015 - 07:55

        +2

        If what you're calling a Brick wall fence was in fact a brick building that was on the fenceline, then there was no actual fence, ie the fences were not fine at all.
        Appreciate that none of this is going to the plan in your head, but that's just owning property. Very little ever runs according to the plan in your head.

• 

  bargainy on 15/01/2015 - 09:11

  +1

  Hmm, a wall on the property line? Is that legit if it isn't classified as a fence? I'd say if they want a new fence to replace a currently serviceable fence then it is their cost unless you want a say in the new materials/height etc.

  I had a similar situation when I moved into a house and the next morning met the neighbour who's opening comment was "Letting you know the fence is being replaced this week and the previous owner of your property agreed to share the cost." I queried why the fence needed to be replaced as it was in good condition and she replied that she wanted a colour bond fence to replace the palings. I said I wasn't interested in contributing and they proceeded to erect a 2m fence!

  Turned out to be a good result for us as she turned out to be a rather odd lady.

  • 

    [Deactivated] on 16/01/2015 - 19:01

    Yep. But in this case depending on the cost it might be a small investment in good relations which could see the OP invited to share his pool, babysit etc occasionally. Is he in your "demographic' OP? Gotta weigh up whether you're happy to have a stranger for a neighbour.

• 

  altomic on 15/01/2015 - 09:52

  +8

  wait for someone to post a deal on fencing with a 25% off code. then present the code to the other guy and say "here's my 25%…..biotch"

  • 

    therooftop on 15/01/2015 - 10:24

    True ozbargainer

  • 

    chriskq on 15/01/2015 - 14:09

    haha yep awesome!

  • 

    [Deactivated] on 15/01/2015 - 19:10

    lol!

• 

  endotherm on 16/01/2015 - 12:03

  Some more food for thought, even though he is removing and replacing the wooden section at his own expense, you own half of it, and he shouldn't do anything to it without your permission first. He is obviously factoring in that it is in an adequate and serviceable condition, and doesn't need to be replaced. However, it is probably a good idea to get it all renewed at the same time, so it looks consistent and has a longer service life. I would argue you still own half of it, even though he is paying for it. As such you have a say as to the style and quality of the replacement, in just the same way as you will have a say in the style and quality of the "brick section". Consider that he might want to replace the whole fence in brick; although that would be great for durability and appearance, it is definitely an upgrade and will cost you considerably more. Then there is the cost of upkeep if the ground moves and the mortar cracks or the wall falls over… He might want to replace it with colourbond steel. That might be acceptable to you, but it might not. I'd hate to think what would happen if the neighbour's kids decide to set up a soccer goal against the fence, and you have constant banging of a ball against it. They are free to dent the crap out of their side all they want, but consider those dents will appear on your side too. Kicking a ball against a wooden fence would be annoying too, but wouldn't reverberate like a drum and dent like a steel fence.

  Even though he thinks he is being generous with his offer, it is no more or less than he should be paying. Just be careful he doesn't try to bully or trick you into doing something you dislike or disagree with because he is making you feel he is doing you a favour and paying the majority share. Regardless of who is paying you will own the complete fence 50-50, and have a 50-50 say in it.