Neighbour Rebuilt Their House – Now Seeking Contribution for Replacing Shared Fence

Hello Everyone,

I hope this message finds you well.

Background:
I wanted to share a situation regarding my parents and their neighbour. The neighbor has decided to knock down their house and rebuild a large double-story one. As a result, they are now seeking assistance with sharing the cost of replacing the fence between their properties.

Now, collaborating with a neighbour to replace a shared fence is a fairly common occurrence. However, there's a bit of a dilemma in this case.

The Fence History:
In the previous arrangement, the property next door featured an older structure, and the garage was part of the shared fence line. The fence, while not in the worst condition, was certainly not in its prime and could have lasted a bit longer.

Neighbour's Request:
The neighbour initially mentioned the idea of replacing the fence verbally, and my parents had to decline because they simply couldn't afford it at the time. However, the neighbor decided to proceed with the construction of their new house, which led to the relocation of the garage. This, in turn, caused the fence to lean and necessitated its replacement.

Financial Difficulties:
My parents are currently facing financial difficulties. My dad sustained an injury at work and is receiving only 80% of his 2020 wages through work cover, while my mom is not employed.

The Dilemma:
The predicament we find ourselves in now is that the neighbour has constructed a new house and naturally desires a new fence to complement it. However, it raises the question of fairness: Is it reasonable for my parents to be asked to contribute approximately $2.5k towards the cost of the new fence?

Seeking Advice:
We're wondering if there's an obligation for us to share the cost equally in this specific circumstance.

Fence Details:
For context, the fence in question is a standard wooden fence, but it is higher than usual, around 2 meters.

Thanks!

Edit: Fence is approx. 43m & we are in Vic.
The new fence line also incorporates the new garage being apart of it but it will be further up.

Comments

  • +12

    $2.5k for half sounds like a lot, how long is the fence?

    I'd get quotes for a standard size 1.8m height fence and see what the total cost is and negotiate from there.

    • Fence is quite long, 43m meters long (measured on google maps satellite).

      • +9

        so $5k for 43m is about right, $116/m. I did my fence just after covid, it was $110/m, could be slightly lower now due to availability of timber posts.

    • +4

      I had three quotes earlier in the year for a simple 25m 1.8m high wooden fence replacement (incl. remove old fence): 6.5k, 5.2k and 4.5k.

      Regional town but I don’t think OPs quote is out of the ordinary.

    • +1

      in Syd metro is around $100 per m, and that is Colorbond. if OP shop around might get cheaper for timber, esp in VIC.

      it all depends on the fence installer as well, and their markup.

  • Depends on what Australian state they're in…

    • Thanks, updated. We are in Vic

      • +25

        In Vic, 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. You don't have to go 50:50 which in the circumstances a good neighbour would accept.

        • +3

          I understand that however that's not the question. The question is are my parents liable to assist with the new cost of the fence if the original fence was fine? The fence is being replaced because he has done a knock down & rebuild (which caused the original fence to lean & a gap) and wants further privacy & a new fence.

          • -6

            @ILikeThis124: What did your local govt admin staff responsible for the relevant regs say about the fence?

            • +3

              @Protractor: Obviously he/she has been told to post a question in ozbargain forum, then come back once he has got the answer?

              • +34

                @Alexander420: plot twist, op is the vic govt and has a customer asking them this question

                • +1

                  @Sinnerator: I like my imagination better where I think OP is a uni student doing his study research, but instead of begging and spamming links to people this is how he engage convo. How about that for plot twist? Gosh I should get a job

            • -1

              @Protractor: What was the result of you contacting the local govt admin staff responsible for the relevant regs?

            • @Protractor:

              What did your local govt admin staff responsible for the relevant regs say about the fence?

              They wouldn't even know what a fence is…

          • +8

            @ILikeThis124: Then he has knocked down a fence you partially owned, and thus your neighbour actually owes you half a fence.

            What a coincidence, you're in need of half a fence!

            Don't have to pay if functional fence was damaged and subsequently removed during their renovations.

        • +11

          Your suggestion seems to assume that you're getting a new fence, or replacing a completely demolished one. So you NEED a new fence.
          - Guy1 says let's get standard shitty fence everyone has: $100
          - Guy2 says let's get nicer higher fence: $300
          = Guy1 put's in $50, half the the amount as they would for the perfectly adequate fence, but says if you want the fancy fence, go for it. Guy2 pays the remaining $250.

          But what if the situation is Guy2 is renovating their house and now WANTS a new fence to complete their aesthetic.
          - Guy2 says 'We want a new better higher fence, and because you'll benefit, pay for half.
          - Guy1 says 'uh the fence is fine, wtf? I'm not going to pay for something i don't need.
          - Guy2 says 'but you're then getting a better fence for free'
          - Guy1 says 'No. You are destroying my fence. You removed the fence. Now it has to be replaced by you. If you want to replace it with a fancy better fence, go ahead. Or, replace it with the same shitty fence that used to be there for $100 since you destroyed it. You - Guy2 - need to decided how badly you want a new fancy fence, and if you want it enough to pay for it yourself. As long as a non see through fence so long and so high goes in, and does the same job, i'm fine.

          It's a bit similar to getting a new car. Sure, if i get a new car, i'll get the latest bells and whistles maybe. But not right now, unless someone else wants to pay for it. For now, my car works just fine.

  • +29

    If the neighbour's actions have caused destruction of a perfectly functional fence, then I'd say your parents have every right to say "no, we're not going to contribute". And I'm pretty sure that most state's regulations would say the same.

    Each state has it's own regulations around this however, and you really need to provide a bit more information.

    • Thanks. I am in the same boat. More info provided.

      • +4

        The words you should use were that the fence was 'fit for purpose' before the neighbours impacting works that caused damage. This is not a case of replacing an older not fit for purpose fence, this is a case of replacing a fence that was damaged by construction activities. At worst, your parents should have to pay a pro rata amount (i.e. if the fence was 50% through its lifespan, then they should only pay 50% of their half (or 25% total)). At best, it was damaged by construction activities and therefore they should pay all.

    • +9

      Yup. Person destroys fence, person replaces it.
      If someone says pay me $2.5k because i'm going to destroy the fence and put the one I want in. Just say no. Then if they choose to - or 'accidentally' - destroy the fence anyway and say 'well here's the bill for the new fence'. Well that just sounds insane?
      Honestly, this shit can get petty fast. OP might be wise to advise his parents to send some sort of letter that is noted to have been received by the receipient saying 'we don't want a new fence, they can can a new one at their expense with approval from us so we don't end up with a weird fence'.

  • +11

    I had the same situation as your parents, if the fence is still in okay condition hence no need to replace unless it cannot withstand normal weather condition. Also part of it was the old garage so your parents would not have to pay for that part as well. I told the neighbour to replace as they wish because it looked okay to me.

    • +1

      That is what I believe also however I just wanted to do my homework before we say anything as I couldn't really find anything on a similar circumstance online.
      Thanks for your input.

      • +1

        Depending on the condition of the exitsting fence, if it was sufficient, and not in disrepair they opted to change it and will need to bear the cost should you be able to prove it was sufficient

        I only imagine you would be liable legally (should the above be proven) for the portion of fencing installed as a result of the garage being moved.

      • take a picture of the old fence (or the remainder of), then have a read at Baypeak Pty Ltd v Lim, it's relevant to your case, I think. Good luck!

    • +4

      The old garage was not a dividing fence.

      The neighbour is well within their rights to knock it down subject to council approval.

      As there was no existing dividing fence on the part of the boundary where the garage was previously installed, the neighbour is well within their rights to ask the OP’s parents to contribute towards the installation of a dividing fence on this section of the boundary.

      • +6

        The wall was the division, IOW the fence. The neighbour knocked down the garage AND the remaining ~35m of serviceable fence without true consultation or agreement.

  • +1

    If you think it is unjust prepare your arguement and refuse to pay. They will take your parents to xCAT to get money. Present their case. Worst case they can gradually pay over many years.

    However neighbour relations will be rock bottom.

    • +12

      Relations are not on the priority list.

      • +5

        Wise move. Better to take it slow

  • +3

    Just say no i am happy with the condition of the fence.

    Or be truthful and explain the situation and see how they react if they are friendly good if not

    You don't have to build a fence. You can put a piece of string and say this is my land.

    • +1

      A piece of string likely wouldn’t be considered a “sufficient” dividing fence.

      The OP’s parents are liable to contribute towards a sufficient dividing fence, if there wasn’t one already installed. In this case where the neighbour has caused damage, they are liable for the repair.

      However, as there’s no dividing fence where the garage was previously built, the OP’s parents are likely to be held liable to contribute towards a sufficient fence on this section of the boundary only.

      • If both parties agree then the string can be considered sufficient. I’m not aware of a law saying you must have a dividing fence - except maybe with gated communities etc

        • Such a straw man argument.

          The OP’s neighbour is wanting to install a fence, not a piece of string.

          Also, for the record, some suburbs have specific requirements in regards to fencing. Must be of a certain type/colour.

      • +2

        Wasn’t the garage wall a sufficient fence?

        • Nope. A garage wall isn’t a fence. It’s a building structure that’s owned by the neighbour that demolished it, with council approval.

          What that means is, there was never a sufficient fence installed on that portion of the boundary, because there was no need. But now there is a need, which means both neighbours need to contribute (if the correct process is followed), to erect one.

      • -2

        Wrong.

        If the fence was fine before, and the neighbours initiated the knockdown of it for their own purposes, neighbours are the ones that have to repair it to AT least how it was before.

        • +2

          No, he's not wrong, he's absolutely correct. He was specifically and only referring to the section where no fence existed as the garage wall was built to the boundary.

          Check out Victorian Fence Act 1968 - Section 3

          "fence" means a structure, ditch or embankment, or hedge or similar vegetative barrier, that encloses or bounds land, and—
          (a) includes the following—
          (i) any gate, cattle grid or apparatus necessary for the operation of the fence;
          (ii) any foundation or support built solely for the support and maintenance of the fence;
          (b) does not include the following
          (i) any retaining wall;
          (ii) any wall that is part of a house, garage or other building;

          As that specific section where the garage has been removed has no dividing fence, the OP's parents would be expected to contribute to install one in this section.

        • But a garage isn’t a “dividing fence”…….

          A garage is a building that is fully owned by the neighbour. They are free to do as they wish with their own assets(subject to council approval).

  • -3

    Get the neighborurs email address and send them this info

    • +2

      OP would ask somebody else to send it

  • +21

    If I were your parents, I would refuse to pay it out of principle. They removed a functional fence without your parent's agreement, and now they demand payment. That's ridiculous.

    • -5

      It’s a shared neighbour fence but, unless you want enemies?

      • -1

        Lol enemies, you think the neighbour has friends in high places?

        • -2

          Enemy with your neighbour? Your username doesn’t really check out eh.

      • Shared means that OP's parents have a say in the matter.

  • +5

    The neighbor is up the creek in a leakiy boat with no oars in trying to get your parents to pay for half as the fence was okay before they started the rebuild and as they pulled it down without any agreement you parents are not liable for any costs.

    Saying that I would say that due to the fence needing replacement as the old garage was used as the fence then they are 100% liable for this and therefore your dhare should be 43M - 6M (length or garage) and as the fence was still okay discount the cost by 33% and then pay 50% of the remainder.

    • I’d say at worst 50% of the 6m as Mum and Dad think the rest of the fence was ok.

      If neighbour damaged the existing fence by not supporting it (either side of garage hole) then they need to fix it.

      • Not even that if you read my post.

        • Ok 50% of the 6m where the garage was if they are being generous. That’s it.

  • -3

    If they take you to court about the fence, it’ll cost them about $10-$15k in lawyer fees. One of my neighbors is currently doing a rebuild and going through something similar with their neighbour. However, their fence is literally being held up by rope now.

    • +1

      I like this compromise. Maybe a way would be to explain to the neighbour the logic that the fence was damaged by them and so poor old ma and pa shouldn't have to pay anything, then offer to pay say 15% or something as a goodwill offering or maybe pay the difference for a slightly better fence or something. Everyone then goes home feeling like a winner.

  • +13

    If they damaged a functioning fence, and have the ability to pay for a knock down and rebuild of a large two story home, I'm sure they can probably just pay the $2.5k for the fence.

  • +3

    I think it is always best to try and resolve these things amicably. I also think that your parents shouldn't have to pay if the fence was fine before.

    I would speak to them and cordially explain this and your parents' situation.

    They probably have so many others things to worry about without this and might just pay it to avoid the headache. It is a tiny amount on top of what they have already paid for the house.

  • +6

    They knocked down the fence, did they request permission from you to do so ? No?

    Then they are responsible for the cost of replacement, someone cant just come along and destroy something that is fully functioning for their own benefit, then expect their neighbor to share the cost when they need to rebuild it.

    I would refuse to pay if it was me.

  • -1

    So to be clear, the fence is currently 2m high and will be replaced with the same height and material?

  • +12

    There’s a few components to this.

    If the existing fence was in good condition and sufficient, then your parents aren’t liable to pay for a replacement.

    If your neighbour damaged the existing fence, they are lible to repair or replace.

    Now with regards to the previous garage that was built on the boundary, this isn’t a fence. The neighbour is well within their rights to demolish)l(subject to council approval).

    The neighbour is well within their right to request your parents pay for half the fence for the portion that is replacing the former garage.

    Edit: In addition to the above, the neighbour is required to issue your parents with a fencing notice and allow your parents to respond. If your parents don’t agree or don’t respond, the neighbour must apply to VCAT for a fencing order. Only once a fencing order has been made are your parents liable to contribute(based on the determination of the fencing order).

    If the neighbour does any fencing work prior to obtaining a fencing order, your parents aren’t at all obliged to contribute.

    • +3

      the neighbour must apply to VCAT for a fencing order

      En garde!

  • +2

    my neighbour wanted to change the perfectly fine wire fence to a timber fence so that he could have privacy. the fence was on the unused side of my house and I didn't care about the fence. but the existing fence was totally working and in good condition.

    I said No. he is a tradie and replaced the fence at his own cost.

  • +1

    Your parents could explain the situation and offer a pro-rata amount in good faith. It doesn't have to be half or nothing.

    Keep in mind if they contribute nothing they have absolutely no say in the type, design, colour, etc of the fence and will get the crappy side to look at.

    Make sure a survey has been done and boundary lines adhered to.

  • Can you really use a garage as a part of a fence structure?

    • yes
      .

      • Well, very interesting,indeed.
        You'd want to get that built bang on the correct side of the boundary, then.

        • +2

          This is a surveyors bread and butter, disagreement over "aggressive overhanging" eaves and fences.

  • -2

    led to the relocation of the garage. This, in turn, caused the fence to lean and necessitated its replacement.

    If the fence leaned after the garage was moved, I would question the condition of the fence in the first place if it could not sustain its own weight without a garage.
    Your parent's financial position is of no concern to your neighbour and thus they have every right to request half of the fence cost.

    Relations are not on the priority list.

    They may be decent neighbours who may agree to come to an arrangement regarding payment but given relations are not your priority don't hold your breath.

    • +3

      If the fence leaned after the garage was moved, I would question the condition of the fence in the first place if it could not sustain its own weight without a garage.

      Not at all. The posts near the garage may have been disturbed with the demolition, or the fence may have been directly attached to the garage. Either way, this is pretty normal to have movement or failure after removing a garage on the boundary.

  • if the fence is already up. just tell the neighbours your parents are in a restricted financial situation, they cant afford to pay 50%. but they can offer to pay $ X ( less than 50%) the neighbours wanted the new fence & forced it onto your parents, despite the new neighbours being told by your parents that they dont have that kind of cash to splash

  • +2

    Have a look through the fencing act, it will outline what is expected, and any processes that need to be followed by either party:
    https://www.legislation.vic.gov.au/in-force/acts/fences-act-…

    The short version - your parents are only liable to pay half of the cost for a standard 1800mm pailing fence for the portion of the boundary where the garage was formerly located…. Provided that your assessment of the fence being in a good and functional condition prior to the works is accurate. How you/they wish to proceed is up to you guys

  • +6

    Neighbours a couple of doors down had new fences put up after building a new house although they did it on all 3 sides They engaged with each neighbour prior to the building works commencing re: fence type/colour/height & paid the majority of the cost as a peace offering for the 10 month building works disruption plus they had to obtain site access from one of the neighbour's property on a couple of occasions. Planning this kind of stuff & communicating with neighbours early in the piece is key.

  • Clayton south?

  • +3

    We did this and we paid for the full fence. You'd have some nerve to ask the neighbour to pay for a fence you pulled down in my opinion.

  • -1
    To copy and paste my reply to another comment.

    Your suggestion seems to assume that you're getting a new fence, or replacing a completely demolished one. So you NEED a new fence.
    - Guy1 says let's get standard shitty fence everyone has: $100
    - Guy2 says let's get nicer higher fence: $300
    = Guy1 put's in $50, half the the amount as they would for the perfectly adequate fence, but says if you want the fancy fence, go for it. Guy2 pays the remaining $250.

    But what if the situation is Guy2 is renovating their house and now WANTS a new fence to complete their aesthetic.
    - Guy2 says 'We want a new better higher fence, and because you'll benefit, pay for half.
    - Guy1 says 'uh the fence is fine, wtf? I'm not going to pay for something i don't need.
    - Guy2 says 'but you're then getting a better fence for free'
    - Guy1 says 'No. You are destroying my fence. You removed the fence. Now it has to be replaced by you. If you want to replace it with a fancy better fence, go ahead. Or, replace it with the same shitty fence that used to be there for $100 since you destroyed it. You - Guy2 - need to decided how badly you want a new fancy fence, and if you want it enough to pay for it yourself. As long as a non see through fence so long and so high goes in, and does the same job, i'm fine.

    It's a bit similar to getting a new car. Sure, if i get a new car, i'll get the latest bells and whistles maybe. But not right now, unless someone else wants to pay for it. For now, my car works just fine.

    EDIT:

    However, the neighbor decided to proceed with the construction of their new house, which led to the relocation of the garage. This, in turn, caused the fence to lean and necessitated its replacement.

    SO…a portion of the fence needs replacing? OK, to me, it sounds like the neighbours have made changes that have lead to a negative effect and should be willing to do what's needed to remedy the situation - fixing the required portion of the fence that is now 'defective'. To me, your parents would have a case for the neighbour to fix the fence, since the alterations on their property have cause this. Similar to if they somehow accidentally knocked into it.

    The predicament we find ourselves in now is that the neighbour has constructed a new house and naturally desires a new fence to complement it. However, it raises the question of fairness: Is it reasonable for my parents to be asked to contribute approximately $2.5k towards the cost of the new fence?

    Keyword: desires.

    No. If the fence even if old and ugly is still functional, your parents are not obligated to put money towards having is destroyed just so it can be replaced so the neighbour can have the better fence they desire. The neighbour could however, put their nicer fence on their property, blocking out old ugly fence - council and regulations permitting. It may affect what is considered their 'property' and they may wish to consult a surveryor.

    • Didn't Guy go to court over something that started with a "fence" issue?

    • There was no longer a "fence" when they moved the garage…

      • A garage isn’t a “fence”.

        It’s a building. The neighbour is well within their rights to demolish it(subject to council approval).

        There was never a fence where the garage was erected. As such, the OP’s parents must contribute to a sufficient fence being installed on this part of the boundary, if neighbour requests it.

        • +1

          Bingo, you're on the money.

  • +4

    Interesting that the neighbour wants to share the cost considering they are building a bigger 2-story house, the cost of the fence must be peanuts

  • Fence was fine before, tell them to put old fence back that the destroyed. If they can afford a new house, they they can afford a new fence.

  • -7

    Pay for the fence
    Get mum to work or foot the bill

    Neighbour is in the right here

  • +3

    Tell them they're dreaming.

    Also struggling to get over the spelling of mum as mom.

    • +2

      I'd bet money that this was generated by ChatGPT. The opening line was a dead giveaway because every single time I ask it to proof read an email it's suggestion opens with "I hope this email finds you well" which I refuse to use haha then seeing the Americanised spelling of mum confirmed it.

      On that point, my boss loves to use AI to write his emails so I use it for all my replies to him. In a way it's just a computer talking to a computer using humans as tools..

      • +2

        When ShatGPT can create a boundary fence,just as quick, but more usable, I'm in.

      • +1

        Also, the way it has bolded and separated out each part of the response.

      • Also "Collaborating with a neighbour"

        • Back in my day we called it hooking up

  • tldr;

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