Buying a House with Fence Damage

sharka on 07/12/2023 - 12:24
Last edited 07/12/2023 - 12:46

Im in the process of settling on a property that at the time of inspection had back fence damage.
The fence damage according to the realestate was the result of the back neighbour removing quite a large tree that was leaning on the fence.
As a result, the fence has been damaged.

First time in a situation like this and am technically not the owner of the property yet.
What can i be doing in a situation like this? Is this something the neighbour is meant to rectify for causing the damage?

Link for aerial shot tree that was removed and close up shot of fence
https://imgur.com/a/9yti0d8

Home & Garden

Comments

  • jv on 07/12/2023 - 12:36
    -5

    First time in a situation like this and am technically not the owner of the property yet.

    If you're not the owner, why do you care that the fence is damaged ?

    • sharka on 07/12/2023 - 12:38
      +1

      Because i will be the owner in a week and a half and the current owner has said they will not be doing anything about it

      • jv on 07/12/2023 - 12:39

        and the current owner has said they will not be doing anything about it

        Why would they need to?

        You said yourself the damage was already there before you signed the contract.

        • sharka on 07/12/2023 - 12:44
          +1

          They dont need to.
          My question is more specifically who is responsible for fixing the fence? The neighbour who caused the damage or is it a 50:50 cost shared scenario?

          • jv on 07/12/2023 - 12:46

            @sharka:

            My question is more specifically who is responsible for fixing the fence?

            The owners.

            The neighbour who caused the damage

            Yes, if you can prove it… otherwise 50:50

            • Typical16-bitEnjoyer on 07/12/2023 - 16:58
              +1

              @jv: Hypothetical plot twist, owner/vendor caused the damage. OP up for 100%.

      • HeWhoKnows on 08/12/2023 - 07:55
        +1

        Chill out and wear it

        Nothing you can do about this now.
        Way too late.

        Its irrelevant to the property sale really

  • Indomietable on 07/12/2023 - 12:44

    What can i be doing in a situation like this?

    You can ask the current owner to fix it and they have the right to say no.
    You can back out and say goodbye to your deposit.

    • jv on 07/12/2023 - 13:17
      +1

      You can ask the current owner to fix it

      Why would they want to do that?

      The fence is in the same condition as when it was sold.

    • jv on 07/12/2023 - 13:17
      -1

      You can back out and say goodbye to your deposit.

      Also pay for relisting and other costs etc…

  • G-Dynamite on 07/12/2023 - 12:47
    +1

    As it is a shared fence, both parties will need to cover the costs as per the law. Maybe perhaps get a quote for the fence and get an idea of how much it will cost you to fix/rebuild. This will probably put your mind at ease as you know the costs associated with it. You won't be able to claim under insurance as when the new policy under your name is purchased it will be deemed pre-existing damage and won't be covered and it may not be covered in general due to wear and tear/no event occurring. There is nothing you can probably do in respect to whom you are buying the house from as the contract would state something along the line of you are purchasing the property as is. Good luck

  • JIMB0 on 07/12/2023 - 12:57
    +4

    The cost will be insignificant in the scheme of things. If you don't buy it someone else will.

    • sharka on 07/12/2023 - 12:58

      Agreed. It isnt going to hold up settlement.
      My main question is around who should bear the cost of repair

      • JIMB0 on 07/12/2023 - 13:02
        +3

        If it happened after signing the contract the vendor is liable. If it was like that when you first inspected then it's on you unless you added a clause to the contract to fix it.

      • thatonethere on 07/12/2023 - 13:03

        If the tree fell by itself then it is 50/50.

        If it was damaged by the contractor actions (ie they dropped the tree on the fence) then could try to claim it off them…

        • sharka on 07/12/2023 - 13:04

          From what i've been told, when they removed the tree it made the wall underneath unstable resulting in the fence damage

          • jv on 07/12/2023 - 13:19

            @sharka: If you can prove that, then the person who removed the tree is liable.

            Otherwise, a magistrate would just rule 50:50

      • Typical16-bitEnjoyer on 07/12/2023 - 16:57
        -2

        My main question is around who should bear the cost of repair

        Probably a question that should have been answered and inserted as a special condition into the contract…

  • Downvoter on 07/12/2023 - 13:11
    +2

    You knew/know it’s damaged prior to signing contract. The cost will by shared by you and the neighbour. End of story.

    • DashCam AKA Rolts on 07/12/2023 - 13:21
      -1

      With Tee Rex Arms, is your secretary typing your comment, or are you dictating to Google?

      • Downvoter on 07/12/2023 - 13:56
        +1

        Life finds a way

  • geekcohen on 07/12/2023 - 13:14
    +1

    was the result of the back neighbour removing quite a large tree that was leaning on the fence.

    Is this something the neighbour is meant to rectify for causing the damage?

    If it was their tree that did the damage, you would expect that they would contribute the most to fixing it, if not all of it. They let the tree get to a state where it then affected the fence.

    The entire fence looks stuffed anyway, so I would replace the whole lot…… and that would be a 50/50 split between parties.

  • Minimum chips on 07/12/2023 - 13:24

    If the tree fell as an act of nature and hit the fence, 50:50 split.

    If the tree fell, but it was in an unhealthy state and you can provide evidence that they should have anticipated it falling, they pay.

    If they take the tree down as a preventative measure, but cause damage to the fence in the process, they pay.

    The real estate's description doesn't make it clear to what extent the damage is caused by the tree leaning on the fence or the process of removal. Also, the real estate generally doesn't know that much. They have multiple properties to learn about, short attention spans, and will only have talked to the seller.

    You'll probably have to go 50-50 since you don't have the history there to back it up, and even if you got a Stat Dec from the seller saying it was all the back neighbour's fault it'd still be a long hard road and you'd be making the neighbour your enemy.

    It doesn't look great - definitely a heavy weight has been applied to it, but it's intact. Could probably get away with pushing most of it back into position and reinforcing with some angled cross braces.

  • KingQuokka on 07/12/2023 - 13:25

    From the commerce website:

    'For all other fence damage, the adjoining owners are liable to join in and contribute in equal proportions to the repairs. If you feel your neighbour is responsible for the full amount of the repairs, you should obtain independent legal advice.

    If your neighbours are bound to repair the dividing fence at their cost and fail to do so, you as the adjoining owner may repair or renew the fence and recover the whole cost of doing so by referring the matter to the Magistrates Court. '

    Sounds like you will need to first write to them and check if they are willing to repair at their own cost, failing to do that you will need legal advice.

    • skid on 07/12/2023 - 13:33
      +3

      "Hi, I'm your new neighbour. Would you please fix the damaged fence that your now removed tree caused?"

      Should go down well, I'd imagine.

      • KingQuokka on 07/12/2023 - 16:48

        Probably wouldn't go well, doesn't hurt to ask though.

      • Never Pay RRP on 08/12/2023 - 18:07

        Maybe they could try:
        “Hi, I'm your new neighbour. Do you know what happened with this damaged fence?”
        And see where it goes from there.
        Although given that the fence is not already fixed I’m guessing the outcome will not be positive either way

  • JimmyF on 07/12/2023 - 14:37
    +2

    As a result, the fence has been damaged.

    Looks like the bottom of the sheet has popped out. Should be a easy fix, the rest of the fence looks 'ok' not great, not bad.

    Worse case, its a new bottom rail.

  • hasher22 on 07/12/2023 - 15:10

    From a ethical point of view, the neighbour and current owner should be fixing it.

    Talk to the council, and see what safety and urgent repairs are needed to the fence and they may have policies in place for things like this that needs to be attended asap.

    • chriskq on 07/12/2023 - 16:22

      a bent fence with some loose bricks does not quantify urgent repairs….. if the fence had fallen over and the neighboring side have a pool and the new owner has kids is the only way council would get involved i reckon. From what i understand most councils typically stay well clear of any fence disputes.

  • Nutrino on 07/12/2023 - 15:28

    fix it with some duct tape.

  • AustriaBargain on 07/12/2023 - 17:39
    +1

    Might think about getting fence replaced and lay some lawn while you're at it. Make the backyard a nice place to hang out. Tactfully approach your neighbours, causing a feud isn't worth whatever their share of one section of fence would cost.

  • blahhhhh on 08/12/2023 - 07:59

    Wow story sounds so familiar. Hope your neighbour is not annoying and wants to build an extra tall story solid fence "so it won't fall down ever again"…

  • azero on 08/12/2023 - 09:54
    +1

    How much is it going to cost, just wear the cost and be a good new neighbour.

  • Bob Svargis on 08/12/2023 - 12:37

    It looks like you're going to be one of those types of neighbours. Common sense says 50:50.

    Looks like the neighbour did the right thing by removing a hazardous tree and you're trying to get out of sharing the cost of repairing the fence. Don't be a jerk.

  • Socialsuicide01 on 08/12/2023 - 16:50

    I am in a similar situation in that I am the neighbor of the house being sold through a developer who basically f***** up my fence that was perfectly fine I offered to go halves in the replacement he declined. I informed the new owner I will not be putting a cent towards the replacement of the fence, as I had spent that allocated money towards planting a bamboo screen along the fence line so as far as I'm concerned at the point of purchase the new owner was well aware that I would not be contributing……..so the new owner had full disclosure regarding this situation with the fence.

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