Fence beyond repair

[jhanegraaf]

Hi all,

A side fence at one of my IP's is beyond repair, with 1/3 of the palings acting as garden compost. Next door is a dual occupancy with 2 different owners. The owner of the front property is unemployed and says she hasn't got the money. The back property is rented, and the landlord refuses to respond to my property manager. My property manager has decided it's all too hard.

My tenants have 3 kids and for their security I would like to see this fence replaced. They keep the place spotless inside and out .... and besides .... they pay top rent.

What are my options?

 

[fredo]

fencing

Not knowing your state of origion in Vuic we are allowed to issue a notice to fence order

Some fencing companies will arrange this for a small fee and get the fence replaced

I have done this in the past

Good luck:

 

[jhanegraaf]

Sorry Fredo, location has been updated.

 

[asy]

Hi jhanegraaf,

there are two things I would do.

1: Get a new property manager, NOW!!!

2: Fredo is right, you need to issue fencing notices.

In Victoria, there is something called the Fences Act 1968 and it says, in part:

.FENCES ACT 1968 - SECT 15
Procedure for compelling repairs, or contribution to repairs

15. Procedure for compelling repairs, or contribution to repairs

(1) Where an occupier of land desires the occupier of adjoining lands to repair, or join in or contribute to the repairing of, a dividing fence, he may serve a notice on the occupier of the adjoining lands requiring him to repair, or join in or contribute to the cost of the repairing of, the fence (as the case may be).

(2) If the occupier served with the notice refuses or neglects to repair or join in or contribute to the cost of repairing the fence (as the case may be) for the space of one week after service of the notice, the occupier serving the notice may repair the fence and demand and recover from the occupier of the adjoining lands the cost of repairing the fence or the proportion of the cost of repairing the fence which is agreed upon or in default of agreement, determined by the Magistrates' Court under this Part.

(3) Notwithstanding anything to the contrary in sub-sections (1) and (2), if a dividing fence or any portion of a dividing fence is destroyed by accident either occupier may immediately repair the fence without any notice, and demand and recover from the other occupier the proportion of the cost of repairing the fence which is agreed upon, or in default of agreement, determined by the magistrates' Court under this Part.
.

Hope this helps

asy

 

[geoffw]

It's interesting (though unfortunately helpful to jhanegraaf) about different fencing regulations in different countries.

In Australia, each owner of a property with a fence is liable for 50% of the fence value when the fence needs repair or replacement.

In England (this may have been the rule on a property 100+ years old), I had boundaries I was completely responsilbe for. The neighbour was responsible for another fence.

Unfortunately, the fence which was my responsibility was a lightweight wood fence which blew over easily. The fence my neighbour had responsibility for was a hedge (complete with hedgehogs). And it was still up to be to trim my side o fthe hedge- if I wanted it tidy.

That particular property also had clauses in it prohibiting the owner from selling spirirous liquors from the premises.