Dividing Fences between Two Properties (WA)

he88388 on 30/10/2017 - 11:28
Last edited 30/10/2017 - 13:58 by 1 other user

My house next door is a rental property. In 2014 part of the front fencing fell due to a storm.
Back then, I have made several contact with the realtor and owners and had no feedback in repairing it.

Come this month, the rest of the fence has fallen due to strong winds.
This time, the owners contacted me on replacing the fence. Their property is empty and they are unable to rent it out.
I have also requested that the front part of the fence to be replaced this time around but they are refusing to do it (I have been putting up without the front fence for all this time).
A dividing fence is an obligation between two properties owners to maintain and repair if damaged.
Their reason behind not replacing the front part was because it is not important to them and they are not in a financial situation to pay.
A dividing fence to me is an asset to my property and it should be replaced when it has been damaged by storm and wind.

What are my options? Please help I am in WA.

To further clarify the situation. This dividing fence entire length is 32m, 6m towards the front fell in 2014 and now the remaining 26m has fallen down.

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  k-rokfm on 30/10/2017 - 12:10

  Found from:
  http://www.commerce.wa.gov.au/building-commission/dividing-f…

  "When a dividing fence is in need of repair, the owners of the adjoining land are each liable to pay half the costs of those repairs even where one or both of the blocks are vacant.

  Exceptions to this include situations where:
  - the dividing fence is damaged by a storm, fire, flood, lightning or other natural act. In this case either owner may repair the fence without notice and recover half the costs of the repair from the other owner;"

  Is the front part of the fence also damaged (thats how im reading it, do you have photos?)? If so then you can get it fixed and try to recover the costs (although it would be a PITA). Otherwise you could use the top statement and tell them you want it all fixed together. If they have no renter in there at the moment, then they would be very keen to get it fixed ASAP to be able to get someone in. Unless you have a pet the best way to go about this would probably say you want it either all fixed now and youll help pay upfront or they can pay for it themselves and try to recover the costs.

  Although if the additional fence you want is only decorative and not originally there you may be facing a tougher time and may end up having to pay for it yourself.

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    he88388 on 30/10/2017 - 18:47

    This dividing fence entire length is 32m, 6m towards the front fell in 2014 and now the remaining 26m has fallen down.
    I have just received another email from the owners requesting that I pay for the 26m and they deemed the front 6m as unnecessary to be installed.
    Should I just say that I dont have the funds to pay for any of it? Would I be in the wrong and drag it out? Would I be breaking any laws by saying that?

    • 

      k-rokfm on 30/10/2017 - 19:06

      Tell them as per laws that they are liable for the front 6m as well as it is existing fencing. That you will only pay for (half of) the full fence or nothing and they can take you to court to recoup costs. Legally you are required to pay, but if you offer them an easy out of getting it all fixed at once, then hopefully they will just accept it.

      Alternatively you could get a quote on the 26m and then the additional 6m (to be all done at once) and it might not be unreasonable and you could pay for the extra just to get it over with. As they will be doing the whole job at once the few more metres might only be a couple hundred more

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        he88388 on 30/10/2017 - 19:14

        If they take me to court and the court ordered me to pay. Do I have to pay their court fees and charges?
        I am thinking if I do the extra 6m and take them to court, if I court order them to pay. Do they pay my court charges too?

      • 

        iand on 31/10/2017 - 21:19

        @he88388:
        I think you would find the magistrate would laugh at them and find in your favour as you are asking them to pay for 1/2 of the whole fence which by law you are entitled to ask for,instead of 1/2 of the part of the fence they want to pay for I would tell them it's all or nothing and you'll see them in court

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  mysterytal on 30/10/2017 - 12:17

  In response to their inability to pay for the front fence I'd respond back saying I have an inability to pay for the rear fence and it's good enough for now.

  There isn't much you can do about the front fence. If you want a fence you pay for it in full. A front fence is not required to contain animals or children so you will have a hard time enforcing it's replacement.

  Why are they unable to rent it out? If they don't want tenants with pets it's the perfect excuse to not allow pets in the property.

  • 

    k-rokfm on 30/10/2017 - 13:09

    Id say that anyone that is in the market to rent would look at the house and think that if they wont even fix the fence then what else wont they fix when it breaks. Its not necessarily that they cant, its just very unlikely someone would

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  try2bhelpful on 30/10/2017 - 12:23

  +3

  Can you please clarify. Is the "front fence" the part facing the street or is it the front part of the dividing side fence.

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    he88388 on 30/10/2017 - 14:00

    This dividing fence entire length is 32m, 6m towards the front fell in 2014 and now the remaining 26m has fallen down.
    There is no fencing that face the street.

    • 

      try2bhelpful on 30/10/2017 - 17:50

      My understanding is the fence should be paid 50/50 then.

      • 

        he88388 on 30/10/2017 - 18:50

        exactly, she has just written to me saying that the front 6m is deemed unnecessary.
        So in other words I have lost the first 6m of fencing as an asset to my property.

      • 

        try2bhelpful on 30/10/2017 - 20:10

        @he88388: I don't think she can possible do that. I would go to the council and ask their opinion on this; I'm sure they will have a council officer that can assist you.

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  tsunamisurfer on 30/10/2017 - 12:32

  Does anyone's insurance cover the cost of storm damaged fencing?

  I know my neighbour had crazy winds blow over her fence and it was replaced by insurance straightforward no issues.

  I would tell the neighbour that fixing the rear part of the fence and not fixing the front part is lunacy.

  Its the same fence and you run the risk of it looking slightly different if you do them in separate tranches.

  As for cost, well its going to cost them more if you get the contractors to come back at a later date and do the front bit.

  Tell them they are liable for the front part as well, to lower their rent and get it done.

  • 

    coxjon on 30/10/2017 - 15:14

    Does anyone's insurance cover the cost of storm damaged fencing?

    We had a storm throw a piece of fencing into my fence and damaged it - big scratch/dent, no visible damage on neighbour's side.

    My insurance paid for 1/2 of the repair quote as it's a dividing fence.

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  k-rokfm on 30/10/2017 - 13:08

  I think everyones confused over the front fence situation. Could you please clarify what you mean

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    he88388 on 30/10/2017 - 13:59

    This dividing fence entire length is 32m, 6m towards the front fell in 2014 and now the remaining 26m has fallen down.

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  Euphemistic on 30/10/2017 - 15:25

  It's not one of those WA special asbestos sheet fences is it?

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    he88388 on 30/10/2017 - 18:50

    It is fibrous cement fencing.