Neighbour Wants Me to Contribute on Fence Replacement/Relocation Cost

Multiplex on 09/11/2016 - 20:26
Last edited 09/11/2016 - 20:27

Short summary, Neighbour wants me to share the cost of replacing/relocating the side fence because the current fence is sitting on his property by 8cm from the boundary line.

Neighbour of 20 years demolished and built a new house 4 years ago. He wants to replace/relocate the fence and wants me to share the cost because of the following reason.
1.The fence is currently sitting on his property by 8cm from the boundary line according to his surveyor.
2.The fence is common property.
3.His side walk is too small after completing his new house. The small side walk makes it difficult to move large objection. He really should have thought about that before building!
4.I am going to throw in, he suggests I don’t need to consult solicitor because he works in the construction industry and “Trust Me”.

To anyone with a sound mind, paying to move 8cm is nuts. I can only think the real reason to move the fence is that he cannot get the certificate of occupancy because the distances between the house and fence did not meet the minimum 90cm. The “Trust Me” is alarm bell.

I read a lot of article on Dividing Fences Act 1991 from http://www.lawaccess.nsw.gov.au/ afterward and I knows I am not required to share the cost because,
• There is an existing “sufficient” fence to divide the property. Sufficient being the key word
• Dividing fence is a fence separating the lands of different owners, whether it is actually on the common boundary or not (s.3).

Being a good person that I am and don’t want bad blood, I said he can move the fence by 8cm on the following condition (which I think is very, very reasonable).
• He only moves 8cm and I will be present and watch the work like a hawk because I don’t “trust” the move will be 8cm if I am not present.
• The neighbour pays all the cost.

That was 2 years ago and relationship with my neighbour have since patched up a bit. Fast forward to today, things just went south again.

A few weeks ago he came back to me and expressed he will be replacing/relocating the fence before Christmas and indicated he will pay the cost himself. This week he installed a $10,000 front fence and now must have a change of heart and wants me to share the cost of replacing/relocating the side fence again. The strange thing is the side fence relocation only cost $2,000 which is nothing when compared to the new front fence he just installed. Why doesn’t he just suck it up and pay all the cost and not waste both our time?

I said “No” pretty bluntly because I am tired of the same above bullshit reason he kept repeating and his insistence he is on the right and not listen. Is like talking to your typical tradies. He lost it and started swearing and he was disbelief I am not willing to contribute $1000.

With all honesty, if he had approached me and said I am not obligated to contribute but he will appreciate if I can help cover some cost, then I might just help him out. But instead, he just went tradies style and repeat the same 4 bullshit argument and trying to con me to pay.

So what now?
• Should I try and have make good relationship by contributing 25% (i.e. $500) even though I felt he is trying to con me?
• Or just say no. The disadvantage is things will get ugly.

Poll Options

  • 12
    Contribute $500, and have good relationship with neighbour even though I am NOT obligated to do so
  • 454
    Don't contribute
Home & Garden

Comments

  • spackbace on 09/11/2016 - 20:36
    +34

    Don't pay a cent, tell him you can't afford to. If he wants to change it, it's on him.

    • gimli on 12/11/2016 - 06:53
      +8

      This exactly.
      Don't turn it into am argument about him. Just say you can't afford it and walk away.

      Other thing is ask him to send you the details including survey and quote in writing so you can consider.

      Just for my information. What would happen if he tried to move the fence without your permission. Does he need you to sign something?

  • chumlee on 09/11/2016 - 20:39
    +22

    Do you have a surveyor report so you can be sure where the boundary is?

    • Multiplex on 09/11/2016 - 20:44
      +5

      He never provided me a surveyor report and I don't want to pay $1000 to get one. I highly doubt he will agree with sharing the surveyor report cost. His concern is only to move the fence and argument is "Trust Me"

      • Kangal on 09/11/2016 - 21:01
        +50

        More likely that the fence is actually on the right spot, and he doesn't care about the sidewalk distance.

        But then later he realised that he needs to get the house inspected, and valued, so the correction needs to be made.
        Instead of asking politely and honestly (which would risk him the correction), he chose the smart route and tried to pawn it off as your fault.
        On top of that, he even got greedy and tried to get you to pay for it.
        When you offered him the olive branch and said "okay" but only 8cm w/o payment… he had to reluctantly agree.
        So now he's just back in round 2, to see if you will pay for it.

        Just wait for round 3, he'll try to get you to pay for it after the relocation!
        You marked your ground, so stand your ground… don't let people bully you.

        • rodinthink on 12/11/2016 - 00:23
          +1

          Politics - The House of Cards Neighbours

      • dogboy on 11/11/2016 - 14:32
        +1

        Hate to tell you but Surveyors will charge more around the range of $2000

        • JimB on 12/11/2016 - 13:33
          +4

          Not true,

          I paid $2k for a comprehensive survey for a development application, including contours and neighbours houses which you dont need.

          I.e. field survey to re-establish title boundaries and
          locate fences thereto and preparation of a plan of survey, inclusive of
          Titles Office survey searching.

          It will be cheaper if you just need to mark the boundaries or confirm the boundaries.

        • rewstar on 12/11/2016 - 23:55
          +2

          You are correct, for a residential lot it will cost around $900-$1000 for a re-peg of the lot boundaries and identification of the fence location.

          $2000 for a re-peg, ident & contour feature as JB1 stated

          If your paying $2000 for just a re-peg and identification you are getting ripped off.

      • JimmyF on 12/11/2016 - 21:21
        +6

        No report, no moving the fence. He clearly has one to know its wrong, so ask to see it.

        You could be GIVING UP 8CM of YOUR LAND…. based on him trying to pull one over on you.

  • scrimshaw on 09/11/2016 - 20:41
    +10

    For fencing disputes, you need to go to NCAT - NSW Civil and Administrative Tribunal, who will resolve issues like this.

    • Multiplex on 09/11/2016 - 20:50

      I am like to think he knows he is not on the right so no point going to NCAT. But maybe, just maybe I am giving him too much credit…

  • pjetson on 09/11/2016 - 20:43
    +21

    Neighbour of 20 years

    Has the fence been in the "wrong" place for 20 years? Have you considered that you may have adverse possession rights?

    • Multiplex on 09/11/2016 - 20:49
      +10

      Yes I am aware of adverse possession but is not worth the effort and you might end up seeing me in A current Affair <— They still have this show right?
      … Tonight, fencing cost dispute, homeowner excise adverse possession rights…

      • kasp on 12/11/2016 - 06:32
        +6

        You need to check the surveyors report. He is being a prick and trying to con you.

      • cbpeh1 on 15/11/2016 - 15:52

        If the fence has been there 20 years, then it is ALREADY your land.

        I quote :
        "Adverse possession is a legal principle that enables the occupier of a piece of land to obtain ownership if uninterrupted and exclusive possession of the land for at least 15 years can be proven."

    • rodinthink on 12/11/2016 - 00:49

      Too much Drama, not worth the cost and emotional injury

    • CLoSeR on 12/11/2016 - 13:51
      -1

      Worst advice, it doesn't work like that. I bet more the fences in this country are not on the exact boundary, just because the fence is not on the boundary doesn't give you claim to the land.

      I think unless the fence needs to be replaced then having it rebuild to move 8cm seems a bit silly.

      • pjetson on 13/11/2016 - 00:13

        just because the fence is not on the boundary doesn't give you claim to the land

        Actually, it can, provided that you meet the other requirements of an adverse possession claim.

      • shinichiduy on 13/11/2016 - 01:51
        -2

        Worst comment, it DOES work like that (prima facie). Look up on adverse possession

        • CLoSeR on 13/11/2016 - 08:59
          +1

          Having a fence not on the exact boundary will not mean you can claim adverse possession, at least this is the case in NSW.

          http://www.legalanswers.sl.nsw.gov.au/guides/neighbours/boun…

          "The period of occupation required is generally more than 12 years (Limitation Act 1969, Division 3). With Torrens title land, the adverse possession may also have to apply to the whole parcel of land and not part of it (Real Property Act 1900, section 45D). As most land ownership in NSW is Torrens title, this means that in most cases, for example, where a dividing fence is wrongly placed for a number of years, the owner with the benefit of this extra strip of land cannot claim ownership of it under this principle."

  • Diji1 on 09/11/2016 - 21:15
    +2

    Lolno.

  • RockyRaccoon on 09/11/2016 - 21:18
    +7

    When did you buy the place?

    If it was less than 20 yaers ago, you would have had to have a survey done. Then that survey would have indicated the fence line was out.

    Rather than disagree with him. lead him on by asking to see the survey. If he isn't willing to show that to you, then refuse.

    Then if you go to tribunal, you acted reasonably while he hasn't

    If he produces the survey then copy it and discuss with a lawyer or NCAT to understand your obligations

    Then go from there.

    The point being, if the alleged survey isnt correct, then he is taking your land, if the fence is correctly sited.

    Also get your own quote for the fence, he probably has a mate that will do it and will inflate the invoice so you pay.

    • GnarlyKnuckles on 10/11/2016 - 00:08

      'If it was less than 20 years ago, you would have had to have a survey done.'

      Wow, is that really the case in NSW Rocks, that every home/land buyer has to get a boundary survey done? It is certainly not the case in Victoria. What If a certified mob has already done such a survey of the same boundaries within the last few years? Surely the law doesn't require that it be done again?

      • grimo82 on 11/11/2016 - 19:58
        +2

        no it isn't….

      • BartholemewH on 11/11/2016 - 20:29
        +1

        I purchased my house 4 years ago and this certainly isn't the case for all of NSW. The block plan on file for my place looks like it was drawn by a 4 year old.

      • Powershopz on 13/11/2016 - 21:22
        +1

        Not required by law. Optional thing to get done.

  • 2jzzzz on 09/11/2016 - 21:21

    What's another $2000 with the build of his new house. Poor, down on his luck guy in the building industry.

    You could ask for the nicer side to face your property and even choose the new material?

    • Jalif on 12/11/2016 - 13:49

      If he does this, OP needs to pay half.

      If the fence is in good condition, the only person required to pay is the person requesting the change.

  • outlander on 09/11/2016 - 22:05
    +4

    Where is the option "Hell no", or the more-appropriate-but-not-likely-to-pass-this-sites-profanity-filter, GFYDC

    • Euphemistic on 16/11/2016 - 12:02

      Girl Friend Yelling Destiny's Child?
      Grandpa Fixes Your Dead Car?
      Giraffe Filter Yearly Donation Charge?

      • outlander on 16/11/2016 - 13:40

        Get fudged you dumb codger

        Was that not transparent enough? I thought that was page 1 in the book of Australian slang

        • Euphemistic on 16/11/2016 - 23:43

          It's more fun trying to come up with new ones that exclude the potty mouth.

          Gastro Frenzy You Don't Catch.

        • outlander on 17/11/2016 - 10:23

          @Euphemistic:

          Hmm, yes that would rile up folk a darn sight more than what I said. Sounds like code for somrthing else..

  • c64 on 09/11/2016 - 22:06
    +2

    8cm? wtf?

    if it got surveyed, don't they whack surveyors pegs in?

  • altomic on 10/11/2016 - 02:29
    +52

    start taking photos of the fence to show that it is in reasonable condition.

    if you want to be anal about the photos then have a copy of a newspaper clearly showing the headline + date (TRUMP WINS - would be a good one). this will show that on X date the fence was in good condition. go overboard and take photos of each post (if they are on your side) document it. then save all photos on your computer.

    just in case that when you're away that "the fence just fell over" said the neighbour "because it was in bad condition and I replaced it so cough up your share" and "the previous fence was 8 cms over my side of the property so I have now adjusted it"

    • OptimisticPessimist on 10/11/2016 - 08:22
      +5

      +1 to what altomic has suggested.
      Take photos of the fence, perhaps with a spirit level as well, to indicate the 'condition' of the fence.
      Also make notes of the times/dates that he has discussed with you about the fence, and particular statements that he has made.

      If you're concerned that the fence may 'topple' over due to its 'structural integrity', perhaps opt for a wireless camera (~$100 or so) to be installed in an area that can clearly monitor the fence.

      Also regularly inspect the fence. It might 'experience' slow degradation over time, i.e nails or screws falling out, fence palings/panels might get loose; possibly from a random foot flying towards it.

      • Multiplex on 11/11/2016 - 17:08
        +16

        I have taken video of the fence with the front page of Trump as recommended by altomic. I will be installing L bracket on the ground so if he attempts to move the fence then he will have to break the L bracket, which I can charge him trespassing and vandal.

        • fruit on 12/11/2016 - 20:34
          -1

          What's a L bracket?

        • blitz on 12/11/2016 - 22:10
          +10

          @fruit:

          Go to Bunnings, and tell them you want an L bracket. Tell them it's urgent. Tell them…tell them Blitz sent you. And tell them no mistakes this time.

        • kiitos on 12/11/2016 - 23:29
          +3

          @blitz:

          And also ask for a left handed screwdriver and a long weight.

        • altomic on 13/11/2016 - 00:34
          +10

          @fruit: it's a bracket used by the French —- L'Bracket

        • Michaelangelo on 13/11/2016 - 10:40
          +3

          @kiitos: I got that tin of checkered paint you wanted mister!

    • rawm on 13/11/2016 - 12:20
      +2

      +1 - Take a few photos (TRUMP WINS) and PM Donald Trump; he seems to be confident about walls/fences/territorial disputes and might give some of his advice.

  • boccos on 10/11/2016 - 08:08

    Here in Qld we have a Dividing Fences Act. It says that the neighbours are equally responsible for their boundary fence. i.e. the cost of erection and maintenance. And also has a proviso on the type of fence being similar to the type of fences in the immediate neighbourhood. I should imagine that other States also have a Act. Check it out.

    • altomic on 10/11/2016 - 08:56
      +12

      giggle, you said erection.

    • Multiplex on 10/11/2016 - 09:30
      +8

      Equal responsibility only applies if we need a fence but we already have a fence and dont need any work done. 8cm is not a valid reason to move or replace.

      • CLoSeR on 12/11/2016 - 13:53

        Yep, the fence doesn't need to be on the exact boundary line and you'll find most are not. I think your neighbour should pay if the only reason for replacing is it being slightly off the line. If it was falling down then of course you are liable for 50%.

  • DarkOz on 10/11/2016 - 08:38
    +2

    Don't trust your neighbour but don't doubt him too.

    You have 2 things to deal with:
    1. Simply ask for his surveyor report on the location of the fence. I think your neighbour has the right to get you to pay for half of his surveyor report if you don't get your own(that's what I read from the last Ozb fence dispute!). So ask him nicely.
    2. Once confirmed it's up to you to chip in 50%. I know he is building a new house blah blah blah but what is fair is fair. We recently paid half of a fence our neighbour replaced because we thought that was fair.

    • Multiplex on 10/11/2016 - 09:24

      I highly doubt he will agree with paying for survey report when he is struggling the bloody fork out $2000 to move it. He claims when he built the house the surveyor informed him it is 8mm from the boundary on his side.

      • mattyman on 10/11/2016 - 10:53
        +9

        Without a survey report he has no proof that he is actually missing 8cm. Tell him to get the report or you won't let him move the fence.

      • Euphemistic on 10/11/2016 - 12:42
        +1

        8cm or 8mm? I hope 8mm is a typo because it's not worth moving fence for that.

        • Multiplex on 10/11/2016 - 15:10

          I made a typo, the distance he wants to move is 8cm.

      • DarkOz on 10/11/2016 - 14:05
        +4

        Just a side note which might help you if you have a plan for your house. Check if it shows the distance between your house's side wall to the fence. That's the most accurately measurement you could use to help yourself without getting a surveyor.

      • Pacify on 11/11/2016 - 17:29
        +3

        Claims?

        That's not good enough. You have no obligation to do anything without written proof that it is actually 8cm off, mind about freaking paying for it lmao.

      • grimo82 on 11/11/2016 - 20:01
        +1

        my guess is the survey was for the house footings - not the boundary fence. if it was there would be a peg in the ground.

    • [Deactivated] on 11/11/2016 - 13:52

      The owner does not have the right to ask for a contribution or reimbursement for surveying costs if the survey results do not indicate that your property (does not include mutual assets ie. fence) is infringing on his property. Unless you own the fence, then he has the right to remove the fence and get you to pay for both surveying cost and removal.

      If he removes the fence, he may be liable (I'm not sure, grey area to me) to replace the fence.

    • kasp on 12/11/2016 - 06:36

      No way he should pay for half if the report. He is claiming some of ops land he should have omething to prove it.

      • DarkOz on 12/11/2016 - 11:13

        He is not claiming some of OP's land. He is claiming some of his own land because believed the fence had shifted over his side. It is now somewhat confirmed that the fence had shifted by 5cm. This happens all the time to dividing fences.

        • kasp on 13/11/2016 - 19:34

          I doubt it, purely because he won't show the OP the survey report as well as telling OP not to talk to anyone about it because "Trust me"

          If the report actually said that the fence was out by 8cm or whatever he would show it to the OP as the first course of action. Also think about how much 8cm would represent on a plan. The line for the border would represent more than 8cm. Sounds like the neighbour needs the extra room to either abide by code or to do something and he is trying to make OP pay for it.

  • geta on 10/11/2016 - 08:38
    +19

    You'd be mad to give your land away without checking with your own surveyor first. If the neighbour has stuffed his build, too bad, it's not your problem.

  • derek324 on 10/11/2016 - 08:40
    +12

    It appears to me (just using plain logic, I did not further check it) that 8cm is within margin error of any standard, private property land survey, thus it can not be a basis for any claims. There must be a definition of acceptable/allowed private property surveying error somewhere?

  • Slippery Fish on 10/11/2016 - 08:47
    +2

    Put your cash toward adversely possessing the greedy sods 8cm of land. People like him need a shovel to the head…

  • driver33b on 10/11/2016 - 08:49
    +13

    Where is the 8cm discrepancy? A typical fence is approximately 8cm wide….is the 'boundary' on the face of one side of the fence?…if so I'm not sure there is any legal requirement to move it…it is 'ON' the boundary….if that is the case you have full access to all your land and he has a fence…moving it 4cm will fix that anomaly???…moving 8cm will put it on your land!

    Stick to your guns, surveyors must peg and identify the boundary, you should be able to easily see these, when fresh they have a colourful marker on a nail (usually not in the centre of anything, post, peg or concrete) if you cannot find these (each end) then ask for a copy of the Surveyors report, tell him you need it to secure the mortgage for the fence money.

    Good luck.

  • Robz on 10/11/2016 - 10:09

    S A Law(hence the problem from non NSW residents) is quite specific. Provide 3 written quotes ATTACHED to a fencing notice to the registered owner of work to be done. As to why, when the neighbour cribbed on 8cm is hard to fathom but ask for the survey report. It also is not normal for a surveyors report on property purchase. DOES the fence need repairing/replacing? If it is in reasonably good order & not falling down leaning over etc Take pics & let him pay all costs to replace on the "new" surveyed boundary line. See what happens ! Is there still survey pegs in the ground on the corner shared by both properties, does the fence line up with the other rear neighbour fence?
    Good luck

  • [Deactivated] on 10/11/2016 - 12:07
    +5

    8 cm is hardly measurable on a survey plan. It's probably less that the thickness of a pencil line.

  • minniethemoocher on 10/11/2016 - 12:24
    +11

    He is assuming the 8cm he is out is on your land. Have you measured the size of your own block? I wouldn't be giving any land away even if he pays, without measuring my own block.

  • Multiplex on 10/11/2016 - 16:14
    +10

    Just managed to catch one of the fencing guy the neighbour called over. The fencing guy gave an estimate of $1200. Seriously, just suck it up.

    • ThithLord on 10/11/2016 - 17:43
      +14

      So old mate was actively tryna diddle you with majority of the cost? Crikey

    • rodinthink on 12/11/2016 - 00:55
      +1

      Record all the evidence, you can legally sue him for Territory Breach + Scam by misleading you to pay $1000 instead of $600.
      But I don't think it's worth the cost with the lawyer hourly rate. Anyway, you can still catch him 'lying' by showing the evidence & honestly tell him to bugger off and stop interrupting your territory and peacefulness

      IMO, this kind of guy will keep taking advantage of your tolerance in the future.
      If he told you that he isn't afraid to go 'legal' (as he know that both of you guys need to pay lawyer as well), Just go legal.

  • iratepirate on 10/11/2016 - 16:25
    +6

    I would be covertly recording all conversations with this neighbour. Do not tell anyone you have recordings and do not share them with anyone. It is legal in NSW if you are a party to the conversation and you are using it for your legal defense. It may come in handy if it ends up in a tribunal and or an APVO.

    I wouldn't let him build the fence, even at his own cost, without seeing the surveyors report.

    • psy on 12/11/2016 - 07:29
      -1

      No it's not.

      It's legal if its to protect the lawful interest. not legal interest.

      http://www.smartsafe.org.au/legal-guides/legal-guide-surveil…

      There is a distinction between lawful interest and legal interest. Lawful interests are interests which are not unlawful; its meaning is similar to the expressions ‘legitimate interests’ or ‘interests conforming to law’ – see Violi v Berrivale Orchards Ltd (2000) 173 ALR 518, 523 [28].
      Whether a recording is reasonably necessary for the protection of the lawful interests of a party is objectively determined, having regard to the lawful interest existing at the time of making the recording.
      Common scenarios:
      A person in need of protection covertly records the abuse/assaults directed at her.
      A person in need of protection records child contact changeovers.
      It is not an offence for one party to record a changeover at McDonalds with the other party because it is in a public space, with no reasonable expectation that conversation will not be heard by others
      It is not an offence for a woman being assaulted by her partner to record the assault secretly (e.g. mobile phone set to record and placed in her pocket).
      Where can I find this information in the Act?
      See sections 4 and 7 of the Act. 

      • iratepirate on 12/11/2016 - 07:46

        If it ends up with an application for an APVO that makes the original poster a PINOP (person in need of protection).

        I have personally used covertly recorded conversations in a court case in NSW and the evidence was admitted into court.
        The way I read it you must not be using or intend to use the recording for an unlawful purpose.

        • iratepirate on 12/11/2016 - 17:01

          Having thought about it i would rephrase what i said to "it is not unlawful" rather then "it is legal". There is a slight difference.

  • blitz on 10/11/2016 - 18:31
    +9

    Have you given him the "I have a very specific set of skills" talk yet?

    • rompastompa on 11/11/2016 - 12:36
      +10

      What happens when he rents out or sells the place? Most people don't demolish and rebuild for their own living.. Chances are they won't be neighbours for much longer anyway.

    • OzzyOzbourne on 11/11/2016 - 12:41
      +7

      No, his neighbour will be an ass whatever the op does to appease him. He'll just become a more arrogant ass.

      I would not fork out money to move a perfectly good fence further on to my land without a shred of evidence to show it's in the wrong position.

  • abacus on 11/11/2016 - 12:58
    +1

    There are measurements on the land title and you can confirm yourself if the fence is in the right place. Get a 50 metre fibreglass tape measure, or whatever size they are). Your solicitor should have recommended to do this during conveyancing.

  • ghostdom on 11/11/2016 - 13:22
    +5

    Mark the lines where the fence are now grounded. And make sure he is not "taking" land from you. It is more value than 1000 dollars…

  • Hirolol on 11/11/2016 - 13:34
    -1

    The first part sounds really familiar….
    Have you asked for advise some other time?

  • [Deactivated] on 11/11/2016 - 13:42
    +6

    You have nothing to gain. He has something to lose.

    You're not legally required to pay.

    Pretty obvious decision here.

    "Trust me" is universally understood as "something is clearly not right".

  • darkchoc on 11/11/2016 - 14:26

    Take lots of photos of the current property and fence line. From a distance and from near.

    Say the fence line runs for 30 metres x 0.08 x $1000 land value per square metre = loss of $2400 land that you believe you currently own due to the current dividing line.

    Plus a loss of 8cm land may affect your property land value as a development site.

    Take a hell no position to losing what you have used as your land for 20+ years.

    It's your land. make it clear you believe it is your land. make the onus on your neighbour to use a proper means to grab your land

  • Vulcano on 11/11/2016 - 14:59

    If a survey was conducted recently on the property go to the online government cadastre, in Victoria it's land.vic.gov.au. From there you should be able to see if there has been any recent surveys conducted on near or around your property such as reestablishment surveys (there will be a plan numbers shown). Any survey conducted would be lodged with the respective land titles office, you can then purchase that plan online in digital form. If the fence is older than 15 years you probably have gained rights over that portion of land.

  • Multiplex on 11/11/2016 - 15:07
    +1

    Do people actually exercise adverse possession? It seems like an extreme approach in resolving things.

    • northern nsw on 11/11/2016 - 15:19

      No adverse possession against Torrens Title land in NSW, if it was Old System title then that's a different matter.

    • Vulcano on 11/11/2016 - 15:26
      +2

      There are tolerances surveyors work within, boundaries are not an exact science, thus fences do not always coincide the title plan boundary. Fences that falls within tolerances will be accepted as the boundary regardless of what the title plan shows (whats on the ground usually and can take precedence over title plans). The surveyors board for each state should have a book of guidelines that can be downloaded you could refer to that. Adverse possession is a lengthy process and the amount of land you can adversely possess may differ from state to state, again refer to either the guideline handbooks or relevant legislation, all should be readily available online for little to no cost.

    • darkchoc on 11/11/2016 - 17:25

      I think adverse possession is a red herring at this stage.

      At the moment to the best of your knowledge, the fence is in the correct place. There has been no legal proof from a proper authority advising you that you have 8cm of extra land.

      Also the fence is not in any disrepair.

      Take photos. If your neighbour asks again, state you believe the land is yours and do not grant permission for the fence to be moved without legal advice.

      If the fence becomes in a state of disrepair, then you would argue for it to be installed exactly where it is.

      Why would you give up your land because your pushy neighbour and a piece of paper that you haven't seen are pushing you? It's up to your neighbour to get permission to move the fence.

      Be a wall and just say you believe the land is yours. The fence is correct. If the neighbour persists, ask the neighbour to get a surveyors report, council and a court order.

      Be friendly but firm.

  • Tech5 on 11/11/2016 - 16:45
    +3

    Fair enough you should pay if the fence is breaking down and needs to be replaced. But if it is because he wants to move it 8 (profanity) cm, then it's on him.

    • edgar28 on 11/11/2016 - 16:50

      Happen to me as well, the existing fence is wooden, the new neighbour wants it colorbond and wanted me to pay half of it.

      I was thinking, the fence is still good, not my choice of changing, why should I pay half of it?

    • Multiplex on 11/11/2016 - 17:01

      I dont mind paying if we "need" a fence, but not for 8cm. He is spending a lot on the house, probably more than he makes. He is expanding the driveway on the side curb, changing this changing that. Is going to bankrupt him if he does not sort out his priority.

      • darkchoc on 11/11/2016 - 17:26
        +3

        It's not your issue on what he wishes to spend his money on and how he does it.

  • darkchoc on 11/11/2016 - 17:27

    Could you ask the council planning department for guidance. State you believe that the fence is correct in your knowledge and had been there for 20 years.

    See if they will help

  • aussieprepper on 11/11/2016 - 17:32
    +1

    Buy 1k worth of LED gardens lights and place then only on the 8cm of land just to piss him of?

  • GangGang on 11/11/2016 - 17:37

    Do you still have your plans for your house? Measure your side and see if it matches with your plans.

    How wide is the fence roughly? If it really is 8cm of the boundary then you wouldn't be moving it 8cm it would be less because of the thickness of the fence.

  • decr on 11/11/2016 - 18:11
    +3

    Reading the comments made me think did he build the house too close to the border, making it illegal and this would come up when trying to sell etc? Maybe that 8cm is all he needs to comply with regulations so it'd be legit. Just a thought.

    • CLoSeR on 12/11/2016 - 13:54
      +2

      Houses are build from surveyors pegs, not measured from the fence line.

      • decr on 12/11/2016 - 14:38

        Yyeees but I thought there was another requirement regarding clear way between the fence line and the building (QLD). But what do I know.

        • CLoSeR on 12/11/2016 - 15:32

          It's probably the boundary and the house, in most cases the fence is on the boundary anyway.

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