Rules Surrounding Fencing

LViiiooollleeettt on 27/02/2023 - 19:33
Last edited 28/02/2023 - 06:52 by 1 other user

Just had a question if anyone had previous experience with a situation like this.

We bought a place, the current fencing obstructs half our bedroom window. So we've opted to encompass our front yard to give us more usable space, allow some privacy and get rid of the fencing right Infront of our window.

We cleared this with the neighbors as it would entail an extra 2-3m of boundary fence being added.

Problem is they've now just sold and new owners are moving in. We've paid for the fencing, so they wouldn't have to do anything, however from our brief chat with the new owners, they don't seem overly keen .

What are our options if they oppose. Are we able to just set the fencing back a foot into our property?

Obviously the best outcome is one we're both happy with, but in case it's an issue what can we do?

Home & Garden Fencing

Comments

  • SF3 on 27/02/2023 - 19:35

    Just had a quick question

    Doesn’t appear quick tbh.

  • tsunamisurfer on 27/02/2023 - 19:40

    The best place to start is your council.

    They have the bylaws in place.

  • bobbified on 27/02/2023 - 19:47

    Wasn't there a huge sign in their front yard to indicate they were selling… befooooooooore they sold and moved out?

    • Viiiooollleeettt on 27/02/2023 - 21:42

      Express sale unfortunately, they sold in two weeks. We booked the fence late early Jan

      • jjjaar on 27/02/2023 - 22:06

        Did the old neighbours pay for the fence too? If you have proof they contributed as the owners at the time (to be fair even if you don’t have proof they paid), then the new owners can’t really do much if it was booked and paid for and complies with all rules around heights, materials, etc.

        If anything, you could argue they didn’t do their due diligence before buying.

  • Porker on 27/02/2023 - 19:53
    +3

    Hard to understand the situation - I'm sure it's clear in your head.

    Is the fence on the boundary line? Perhaps a diagram of sorts to highlight what's going on.

    • brendanm on 27/02/2023 - 19:56

      I assume that op wants to extend their side fencing down to the front boundary line. Also possibly put a fence across the front boundary?

      • Porker on 27/02/2023 - 20:17

        That's what I thought too, but I wasn't sure how the neighbours come into play.

        • wizzy on 27/02/2023 - 20:31
          +1

          I think it is because the boundary fence they want to extend is the boundary fence they share with their neighbours.

    • Viiiooollleeettt on 27/02/2023 - 21:44

      On mobile sorry, unsure how to add diagram on here sorry!

      But yes 2-3 metres is on the boundary between my neighbors place and mine. The rest is just within our yard. Doesn't go to any other boundaries as it cuts off before our front boundary.

      (Sorry diagram would be very helpful!)

  • AngoraFish on 27/02/2023 - 20:35
    +3

    You are legally entitled to install a boundary fence, even if your neighbour objects, unless the fence conflicts with height requirements in the planning scheme. If you're paying 100% of the costs (already paid, in fact) there's very little that your neighbour can do to object legally.

    Don't set the fence back a metre because that potentially gives them an adverse posession claim down the road (assuming that you mean off their property boundary).

  • AdosHouse on 27/02/2023 - 20:49
    +1

    Read title, came to this thread, realised it's about the other type of fencing, disappointing.

    • jjjaar on 27/02/2023 - 20:56

      en garde!

  • jjjaar on 27/02/2023 - 20:56

    This may help: https://www.legislation.qld.gov.au/view/pdf/2013-04-05/act-2…

    Though I’m curious, the extra 2-3m of fence- is there any fence there now? Are you proposing to build a new fence, or is there already a fence that you want to increase the height of, for privacy?

    Just trying to understand what it is that the new owner has an issue with…

  • Euphemistic on 27/02/2023 - 21:02

    Got a diagram?

  • jjjaar on 27/02/2023 - 21:15
    +1

    Attempt at MS Paint - OP am I clear on this?

    https://ibb.co/zN9Vkmq

    • Nugs on 27/02/2023 - 23:11

      That's what I understood. New neighbour might be upset if hard to see when driving out of driveway, particularly reversing
      .

      • jjjaar on 28/02/2023 - 07:22

        This is a very valid point and can be extremely dangerous for pedestrians using the footpath.

        However if OP complies with height requirements, there’s not much that can be done to stop them, except they could offer to install some mirrors for the neighbour to use.

  • KaTst3R on 27/02/2023 - 21:23

    We cleared this with the neighbors as it would entail an extra 2-3m of boundary fence being added.

    They knew they were going to move soon and didnt give a sh!t. "Yea sure, whatever, anything you say, as long it makes you happy, hastalavista baby".

    • Viiiooollleeettt on 27/02/2023 - 21:45

      Yeah we were unaware of them moving when we booked :(

  • Gros21 on 28/02/2023 - 09:01

    unless there is something wrong with old fence i think u are out of luck. They are required to pay half of any fence of same sort thats standard in your area, if its barb wire in rural or colour bond in a new estate.

    So you may get them to pay 2-3m of the new fence, if other stuff did not need to be repaired/replaced. Which i think is more than fair

    Also there is rules about fencing/retaing walls that you pay if it advantages you.

    • teacherer on 28/02/2023 - 13:25
      +1

      Payment for the fencing doesn't seem to be an issue, they said it's been paid for.

  • thirtysixd on 28/02/2023 - 20:06

    Fencer here but that doesnt mean much as I dont have a law degree
    Also if theres a dispute between neighbours we generally walk away lol

    If you cover 100% of the costs normally you are all good
    But obviously can't do anything that breaks council rules, height restrictions or anything like that

    Realistically I'd try to get neighbours onside or come up with a fence that both are happy with
    You can go inwards but wouldnt wanna give up 1 foot (if its in sydney its probably 2 million worth of real estate)

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