Boundary Fence Dispute - How to Get Owner to Pay

Hansi on 16/04/2023 - 22:25
Last edited 16/04/2023 - 22:27

G'Day,

First time ever neighbour dispute and I am after some input about my rights and avenues to get my neighbour to contribute to fix the damaged boundary fence.

Situation: Neighbour's property is managed by local REA, owner used to live in same property

Timeline:

Oct 22: Owner of property next door moves out into their new home and becomes a landlord, leasing his house through a local REA

Nov 22: Following strong winds the boundary fence between my neighbour's property and mine leaned over to his side (a few fence posts that were holding it upright gave in). The fence has since been temporarily stabilised through supporting poles on their side I promptly informed the owner of the property next door. We agreed to fix it together ourselves and go halves on cost (text message). I informed the neighbour and the property owner that I will be away, returning in Jan 23 and everyone was happy to leave it until then.

Jan 23: Contacted owner of property next door to arrange a time to fix the fence as previously agreed. They now said they are too busy and I would need to do it myself

Feb 23: I obtained three quotes ($3500-$6500) have the fence fixed professionally. The fence could be stabilised by fixing six poles, but upon inspection, each fence contractor suggested to replace the whole length of the fence due to further damage to panels / fence slats. I don't think I would be able to redo the whole fence myself, and don't believe it would be fair to do so.

Feb 23: Text message sent owner of property directly about fencing quotes - no reply

Mar 23: Text message sent owner of property directly about fencing quotes - no reply

Apr 23: Emailed REA of property about fencing quotes. After two weeks I asked for an update to which the REA responded that the owner is "not in a position to fix it". I replied to the REA that I consider the fence a safety hazard for us and their leasee and requested an ETA when the owner is expected to be in a position to fix it

For context: I used to get along well with the owner before he moved out. The leasee next door has informed me that the owner is slack with fixing other things around the hose that broke, however, they do not want to pursue it further as they are afraid their lease would not be extended. Location is QLD. Here is a drawing of the situation.

Going forward I think I will apply for mediation, before lodging a fence dispute with QCAT (minor civil dispute $116.54).

The way I see it is the neighbour is cheap and wants to get away with not paying anything and hopes I just do it myself without pursuing the matter further. Involving a lawyer just doesn't make financial sense. I think I could fix the six poles, however the fence is over 15 years old and probably needs replacement in the near future anyway.

My questions:
- Does anyone have experience about fence mediations / QCAT rulings? If ruled in my favour, how do they enforce payment from the neighbour? I don't want to upfront the whole costs to then wait years to be reimbursed a few thousand dollars, maybe even having to involve a lawyer
- QCAT application fee is $116.54 (if the ruling would be in my favour, is there a way my neighbour is required to pay for any of it?

TL;DR: Neighbour's landlord claims they can't afford fence repair, how can I press the matter without upfronting the fix?

Poll Options expired

  • 24
    Keep pestering the REA / owner to pay for their half
  • 17
    Contact QCAT
  • 1
    Give up and just fix six poles yourself
  • 2
    Give up and just pay to have the whole fence replaced
Home & Garden

Comments

  • AzzaClazza on 16/04/2023 - 22:52
    +4

    Do the bare minimum to make it safe and wait for the owner to have some cash, or sell.
    or
    Let it fall over, the REA will have to rectify at that point.

  • GrueHunter on 16/04/2023 - 22:58
    +6

    Short version: Issue your neighbour a notice to contribute. Do the work. Wait a month. Take them to QCAT.

    Long version:

    If circumstances arise where urgent fencing work is required due to all or part of a dividing fence being damaged or destroyed, you can carry out the urgent works and give your neighbour a notice to contribute for urgent fencing work as soon as possible after that. You must give your neighbour a copy of this notice before making an application to QCAT.

    If, within 1 month after the notice is given, the adjoining owners have not agreed about their contributions to carrying out the fencing work, either adjoining owner may, within 2 months after the notice is given, apply to QCAT to resolve a dispute using the application form at the bottom of this page.

    • Austin 316 on 17/04/2023 - 10:35
      +1

      +10 for this.

      I'm in VIC but had similar issues when my neighbor (a dodgy builder) only verbally agreed to share the cost and then kept avoiding me and my phone calls. I was new to the country at the time and wasn't aware of the laws, but every lawyer I met for an advice later suggested that I should have sent him a notice to contribute via registered post. Without that, no proof would work.

      If you plan to get the work done first, please send him this notice and ensure delivery is of the type where he has to sign he has received the letter.

      • Hansi on 18/04/2023 - 06:37

        Thanks, I have not read about the notice to contribute. Very helpful.

  • Gotchas on 16/04/2023 - 23:12
    +4

    Get a mate to do it mates rates with a high invoice

  • Nugs on 17/04/2023 - 05:50
    +1

    What's the likelihood it falls on your side?
    Do you or tenant have dogs or small unsupervised children?
    .

    • Hansi on 18/04/2023 - 06:38

      It is only stabilised from their side and the post are on my side. I think the likelihood of it falling on my side is much lower. Both sides have little kids and the neighbour also has a god, which is a major reason why I raised it as a safety concern to the REA.

  • Lichen6420 on 17/04/2023 - 06:39
    +3

    Personally I would just chuck in 6 new posts and leave it at that. Short of the beams actually being rotten that will fix it up well enough to get at least a few more years out of it.

    Posts are about $30 each and 2 bags of rapidset for each hole is about $16. 1/2 a day of your time to do the work. I am sure your neighbor will come to the party on that level of cost. I can understand fencing contractors not wanting to waste their time on a repair, they would prefer to build a fence and make a bit of money of the job.

    You will spend ALOT longer chasing money through QCAT, getting an enforcement order etc etc.. and then actually getting them to pay even after all that. Sometimes it's just not worth the hassle.

    Your neighbor is probably in a bit of financial stress with interest rates etc and is burying his head in the sand hoping you will give up.

    Try actually pick up the phone and call your neighbor and have a conversion, hopefully they answer your call and you can nut out a solution.

  • saltypete on 17/04/2023 - 08:41
    +3

    Fence issues are very common and for this reason every State has some sort of fencing act that covers these situations. There is a whole legal process that you can initiate to force the owner to pay up. Ongoing Failure to pay usually becomes a lien on the property that gets paid out upon any sale of the property. Suggest you contact your local council.

    https://www.qld.gov.au/law/housing-and-neighbours/disputes-a…

    • deme on 17/04/2023 - 09:45

      Ongoing Failure to pay usually becomes a lien on the property that gets paid out upon any sale of the property.

      Going to need a source on that one

      • Hansi on 18/04/2023 - 06:41
        +1

        Same, I couldn't find anything on the Queensland Government page about enforcing the payments only about liability. Getting the money seems the bigger issue.

    • saltypete on 18/04/2023 - 08:57

      Yes, old news, my fencing act studies were some years ago. You can place a lien on a property to cover building or other costs not paid, but it is a bit clunky and will likely involve legal costs. It was a last resort years ago it seems.
      Looks like QCAT have some system of debt recovery for recalcitrants that is likely more immediate.

  • payless69 on 17/04/2023 - 08:57
    -1

    QLD means bikies!
    Paid so many $116 fees and usually when it comes to court there is nobody there for hours, an arrogant irate woman eventually appears and even if the other party just lies you have wasted the whole day and if there is even a brief hearing getting the money is just near impossible.

    • Hansi on 18/04/2023 - 06:41
      +1

      Doesn't sound promising!

  • deme on 17/04/2023 - 09:44
    +1

    TL;DR: Neighbour's landlord claims they can't afford fence repair, how can I press the matter without upfronting the fix?

    I mean they are a landlord so they can always sell it

  • pharkurnell on 17/04/2023 - 10:57

    The fence could be stabilised by fixing six poles, but upon inspection, each fence contractor suggested to replace the whole length of the fence due to further damage to panels / fence slats.

    Thats a surprise that they want the big job not just 6 posts…. /s

    • Hansi on 18/04/2023 - 06:43

      I think you can make an argument either way. The fence is rotten in some spots, as I believe it was never treated, just left as is. If I would replace the posts myself and spray it, I think it would hold up for a few more years.

  • Euphemistic on 17/04/2023 - 11:19

    If they are being a complete pain the butt it might be worth just doing the cheapest repair possible (DIY) and not expect them to pay. Keep receipts, continue to chase them but you shouldn’t lose a lot of sleep over having to put a few posts in over a weekend if they don’t pay.

    Putting in a new fence and trying to get back a larger sun of money via courts will cause a lot more stress.

    I put a new fence in our backyard. Agreed initially that I’d buy materials we’d go halves. Id install, and they’d paint their side after as a ‘cost split’. After it was done she asked when I was going to paint for them. It’s still not painted and I haven’t been paid for materials, but we’ve got a decent fence and I’m only down about $450 not fighting to get $1500 out of her from a contractor install.

    • RockyRaccoon on 17/04/2023 - 16:25

      and they’d paint their side after as a ‘cost split

      Get some paint, and on their side paint on the words, "pay up skinflint" or other (in)appropriate messages. See how quickly they will paint their side.

    • Hansi on 18/04/2023 - 06:44

      Its unfortunate to have such neighbours. Sorry to hear that they didn't pay up, but at least you did it now.

  • Seraphin7 on 17/04/2023 - 11:26

    Pending the circumstances, the six reinforcing posts you refer to may be entirely adequate. It's hard to comment without knowing the actual condition of the fence.

    We had a not dissimilar situation recently where a fence developed a lean. We had a guy out to install steel posts that seem similar to what you are describing without in anyway involving the neighbour … problem sorted and moved on.

    Make sure the fence actually does require replacement, not just repair. If it does, then absolutely you should be pursuing for costs. If it really only needs repair, be prepared that that's where it will end.

    • Hansi on 18/04/2023 - 06:46

      One quote was also for a repair, but it was only $1k less than to replace the whole length of the fence (I submitted that quote to them as well).

  • Donaldhump on 17/04/2023 - 11:34

    "neighbour is to busy"

    my response

    "tough, pay some one to fix it then, you can abscond from your responsibilities because you are busy, and if you are to busy I am sure turning up to QCAT for a day will be a hassle for you"

    "xfer me 2k today and I will put towards the cost of fixing the fence and my time for sorting out"

  • Dack Smith on 17/04/2023 - 12:12

    Maybe a few bits of rotten meat, eggs and turds on their roof might change their tune.

    Gotta give it to those (profanity) rich landlords somehow

    • Hansi on 18/04/2023 - 06:46

      Oh the people living over there are very nice, I wouldn't want anything to happen to them. Its their landlord, which is the PIA.

  • rambao9 on 17/04/2023 - 15:43

    Just wanna say, it's likely the owner is feeling the interest rates and likely does not have enough $$$ to pay.

    You'll probably need to set them up on a payment plan or something.

    It sounds like they have ANOTHER mortgage to pay now. Haha.

    • Hansi on 18/04/2023 - 06:48

      Maybe, but I know they have a mid-100k job and just built another / bigger property last year, which they moved in to and have a few toys to play (4wd etc). Based on their lifestyle I don't think they are too worried.

  • BewareOfThe Dog on 17/04/2023 - 18:34
    +4

    Should've done what I did. Wander around the backyard naked, watering the garden etc. A fence was installed in 3 weeks at no cost to us.

    • BewareOfThe Dog on 17/04/2023 - 19:00

      I heard JV did the same and it only took 2 weeks. :)

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