Neighbour Wants New Fence after Extension of His Property

Lshulks on 26/10/2019 - 14:17
Last edited 26/10/2019 - 14:31

Hello,

Neighbour is extending his property making it look nice and all and has asked us to change the fence. We are happy with the fence as is. It is stable and a few years ago we updated the posts foundations. We also have the fence painted on our side and have added some extra pieces of wood to increase the height of the fence which was agreed with the previous owner of the house. There is one post on the fence that could be changed and we are happy to change it.

This fence his is proposing is already on his building plansand has been approved by the council. When we checked the intial plans it did not say new fence and it was ambgious to us if the fence dimenions were existsing referring to the existing fence or the new fence that was planned.

The neighbour came over a few weeks ago and we both heard what each of us wanted. Like I said we said we are happy with the fence and were happy to change only if it was paid by the neighbour and painted and same/similar height. The neighbour wanted a higher fence new brand new fancy fence. His new proposed fence only has an increase of heigt on half the fence where he can see the fence. The other half he has no windows so he didnt increase the height of the fence there. A compromise was proposed that we would pay for the extension for the rest of the fence (depending on price) and that he would help us repaint the fence (which was nice).

Today he let us know the price approx 600 dollars to increase the height of half the fence (10 metres). We talked the builder and he described the fence and it is a sophistacted fence which is why the price is so high.

Anyway to try to wrap up, the neighbour texted the price today and that they are planning to build the fence in the next fews days. The builder said since the fence was in the contract and approved by the council and they can legally build the fence.

What are our options? Does the neighbour have to wait til we come to an agreement? Or have we missed our chance when looking at the intial plans before the extension started? Can they knock the fence down without waiting for us? (We need to move pots and stuff and there is also a clothes line attached to the fence)

Hopefully this makes sense, any insight would be helpful,

Thanks

Home & Garden

Comments

  • MrHyde on 26/10/2019 - 14:25
    +3

    Get two other quotes for the fence and painting, etc and agree to only 50% of the cheapest quote.

    Otherwise let him take you to VCAT.

    Do note that he is your neighbour and you are the one that needs to continue next door to him.

    • shulks on 26/10/2019 - 14:29
      +2

      He is getting the fence built on the other sides already. He doesn't want to get a new quote as its included in his contract price. We don't want to change the fence at all. I guess can we just say dont touch the fence. We dont want to pay for something we are already happy with.

      • MrHyde on 26/10/2019 - 14:30
        +2

        Yes you can

      • Seedy seed on 26/10/2019 - 22:37
        +3

        Lol you agreed to pay, sucks to be you. seriously though if he isnt making the fence the same height id be making him pay or telling him to put his fence inside his property away from the fence you half own 😂

  • whooah1979 on 26/10/2019 - 14:35
    +1

    $60 per linear metre isn’t unreasonable.

    • shulks on 26/10/2019 - 14:39

      Not sure if I was clear but 60 dollars per metre just to increase the height of the fence from standard to 2.4 metres.

      • whooah1979 on 26/10/2019 - 14:44
        +1

        The fence being higher than the standard 1950mm may add value to your property when it comes time to sell.

  • thatonethere on 26/10/2019 - 15:00
    +3

    You will need to see what state or coucil rules around fencing are. If the existing fence is in good repair and meets the current standards then if they want a new fence, that's their issue 100% to fund (in ACT anyways). If there is a section of the boundary where no fence exists I guess you are on the hook 50/50 for the minimum standard cheapest fence.

    For VIC https://www.justice.vic.gov.au/justice-system/laws-and-regul…

    However note you are going to have to live next to this guy for a long time - so make sure you are willing to dent the relationship over $600.

    • poboy on 26/10/2019 - 15:12
      +1

      Key point from above link (which you could send to your neighbour):

      If you or your neighbour want a dividing fence that is of a higher standard than a sufficient dividing fence — like a higher fence or one made of more expensive materials — the person who wants this pays the difference in cost between a sufficient dividing fence and the higher standard. Alternatively, if you agree, you can split the cost of the higher standard fence.

      • shulks on 26/10/2019 - 15:21

        Yes the fence is already at a height we are happy with so I guess it goes back to leave the fence as is.

        He is being very persistent of changing the fence as he is changing the other two sides of the fence. Its a fancy fence and he wants to look good from all sides. He is being quite clear that he really wants a new fence.

        • brendanm on 26/10/2019 - 18:05
          +3

          Be quite clear that he can pay for it to be replaced at the current height, and colour.

    • HardlyCharly on 27/10/2019 - 12:50
      -3

      600 is a hell of a lot of money, why would I sacrifice that for the 'relationship' with someone I don't and will never know? Damn rich people able to just throw money at any problem.

  • Donaldhump on 26/10/2019 - 15:07
    +5

    If they want to increase height they pay, you already have a satisfactory fence so you don’t need to pay…

  • poboy on 26/10/2019 - 15:10
    +10

    This is a little hard to follow, but I'm reading:

    • Fence currently exists
    • Neighbour has had an approved council extension which included an approval of a higher fence
    • Neighbour wants the poster to contribute to the newer higher fence

    Based on the above, I don't see why you should contribute. The fence is fine as is and does not need repair. If your neighbour wants a change, they must fit the bill for it. The council approval only matters to the build - not who pays for it.

    I certainly wouldn't ask my neighbour to contribute to the fence change in this given scenario (based on presented case).

    • shulks on 26/10/2019 - 15:19

      It was hard to explain because so many little details here and there. The fence that was aprroved by the council only increases the height of the fence for where the neighbour can see it. At the moment the fence right now has an increased height for the majority of it. So the proposed fence would technically put us in a worse position in terms of height and that it would not be painted.

      He is not asking for money for the fence that he wants. He is happy to pay for the fence that is on the plan but that does not include the extra height everywhere. This is the part that is important to us becuse we increaded the height of the fence so we would not have to look at brick wall but now with his new fence we lose that unless we pay 600 dollars to extend it. Why woould we pay money for something we dont even want to be changed?

      He has mentioned that the fence will be superior (okay?) and that neighbours should compromise and be nice to each other (we want to be nice but 600 dollars for a fence we dont want or need?).

      • kahn on 26/10/2019 - 17:44
        +6

        He has mentioned that…neighbours should compromise and be nice to each other

        That's a tactic that manipulative people use when they want others to bend to their will.

        Anyway, you'll have to decide how much the sight of a brick wall annoys you. I'm not sure why you're asking others for advice as it is really just your decision.

  • Toons on 26/10/2019 - 15:39

    no he probably understands that the odd fence tall in places and standard in others will look stupid and is trying his luck to see if you will pay for some of it knowing he is up for the cost.

    I don't believe he can force you to change, I'd state clearly in writing what the expectations you have, point out the fact how ridiculous it is to build a fence with differing heights (fencing contractor has probably pointed this out already possibly adds extra mucking around for them shortening rails etc. possibly reduces stability to a point) so he builds it complete or leave it as is.

    The only thing he could do is build on his side of the line technically reducing the size of his plot through stupidity but it will be full height to hide the other fence.

    you don't need to explain finances or anything else

  • garetz on 26/10/2019 - 16:12
    +3

    He is getting the fence built as his discretion without giving you notice, or allowing you to agree to a pre agreed price and type of fence.

    A unilaterally made decision by your neighbor like this means they are entirely responsible for 100% of the cost.

  • 87percent on 26/10/2019 - 16:59
    +4

    Part of our fence needs repair, I approached my neighbour to pay half - she didn’t want to (now the fence repair was going to be $250 each). So now I served her with a fencing notice and she didn’t respond and we are taking her to court. The kicker is, now I’m suggesting we replace the whole fence and that’s going to be $1500 each

    I’m waiting for our court date, been told it’ll probably be early next year

    • lainey13 on 08/11/2019 - 21:22

      Now that's an update I'm looking forward to!

  • Sezza on 26/10/2019 - 16:59
    +3

    I would honesty just pay the $600 if you want the higher fence and let it be. I know you say the fence is in good condition but its just not worth the hassel.
    As they say good fences make good neighbours.

    • kahn on 26/10/2019 - 19:13
      +1

      As they say good fences make good neighbours.

      cough Israel & Palestine cough

      • whooah1979 on 26/10/2019 - 19:22
        +3

        They could be good neighbours if one of them stopped lobbing bombs across the walls.

        • kahn on 26/10/2019 - 19:23
          +2

          Huh? They both do it.

          • whooah1979 on 26/10/2019 - 19:27
            +2

            @kahn: One of them starts as a provocation and the other responds as self-defence.

            • kahn on 26/10/2019 - 20:13

              @whooah1979: Yes, forcibly taking property continuously over the course of decades and controlling the borders and lives of the other territory would be surprising without some sort of retaliation.

            • pegaxs on 26/10/2019 - 20:21
              +2

              @whooah1979:

              One of them starts as a provocation and the other responds as self-defence.

              And if you asked both sides.. they would both say… "Well, they started it…"

  • jm48 on 26/10/2019 - 17:07
    +5

    The current fence is adequate so you do not have to pay anything for a new fence.
    The new fence was approved by council but that just means your neighbour is allowed to build a non standard fence as part of their development, but certainly does not mean that you have to pay for it.

  • SBOB on 26/10/2019 - 17:50
    +4

    An entire new fence, and only 600 bucks to make sure it extends height to suit what you want..

    I'd take that any day. Brand new fence that will outlast whatever you have now and no neighbour disagreements.
    Seems like a bargain.

  • Peter Enis on 26/10/2019 - 18:20
    +1

    If it's only gonna cost you $600 and you end up with a fence at the height that you want, I'd say go for it.
    Especially as it sounds like your current fence has been raised by you somehow to bring it up to your desired height. At least the new one will be a proper one not one with an extension on top.

  • Seraphin7 on 26/10/2019 - 21:19

    New, higher quality fence? I think I'd spring the $600. On a fixed price, no variations basis of course.

  • Dont Care on 26/10/2019 - 21:55
    +1

    Bikies

    • kahn on 26/10/2019 - 22:22

      While I like your idea of a human chain comprised of bikies, they wouldn't be tall enough to meet the needs of the home owners. Maybe if they held up a fence extension above their heads, maybe.

  • chumlee on 26/10/2019 - 22:26
    +3

    In Victoria, your neighbour cannot pull down a fence without neighbour's agreement and if the fence is in good condition cannot ask you to contribute

  • lovepub on 27/10/2019 - 07:13

    Like your neighbor? Pay 600

    No connection or future association with them whatsoever?? Ignore and tell them u wwnt no new fence. They pay for it ALL. And becomes enemy.

  • The tiger on 27/10/2019 - 09:10

    Though you said your feel happy with the condition of your present fence, but having a new one would last you years to come. A new fence definitely looks pleasant . After all your neighbor had taken all the troubles of getting the thing done and that saves you a lot of hassle. I suggest you should accept his proposal . IMO $600.00 for a full length of side is very reasonable, and you are going to live with your neighbor for a long time.Be generous and considerate.

  • brad1-8tsi on 28/10/2019 - 13:46

    They can build but you don't have to pay.

    My BIL is a builder and renovates all his houses. In similar situations he has left the old fence in place and built "his" fence next to the existing fence. He loses ~100mm of land but it's easier than arguing with neighbours.

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