Fence issue

[Shaneelastic]

I have built an ip in a new estate.
All neighbours except one have signed fencing quotes, I issued friendly letter 4 weeks ago
Mine is the first built
The except one hasn't started yet his building next to mine
I turned up to his property today to issue a fence notice, that legal notice to fence.
I saw the oner of the property, he was fixing it up,man old Greek guy.
I said do knew where this man is
He said he trashed his place and left 2 weeks ago and owes him 3 months rent

Now I'm in the position to find him
White pages, Facebook, linked in all failed

I'm thinking of just this, paying the fence cost and placing caveat on property. Will this work. There's no agreement between us.

I'm terms of cost, the fence is 800 his share, so about 2 weeks rent, I really need it up ASAP.

Any comments from the fellow community here

 

[D.T.]

What state is the IP in? Each state has its own Act for this.
Shouldnt the owner, the old greek guy, pay half the fence. What on earth has it got to do with his tenant?

 

[Shaneelastic]

What state is the IP in? Each state has its own Act for this.
Shouldnt the owner, the old greek guy, pay half the fence. What on earth has it got to do with his tenant?

The neighbour of my ip, is vacant land
He lived in a rental house, the old Greek guy owns it and cleaning it up now after he trashed itt, sorry for the confusion
Victoria is where it is

 

[Singo]

The neighbour of my ip, is vacant land
He lived in a rental house, the old Greek guy owns it and cleaning it up now after he trashed itt, sorry for the confusion
Victoria is where it is

A vacant land living in a rental house owned by a Greek? It is more confusing now.

 

[Shaneelastic]

A vacant land living in a rental house owned by a Greek? It is more confusing now.

The owner of the vacant land, has fled from his property which he was renting and trashed it

 

[D.T.]

A vacant land living in a rental house owned by a Greek? It is more confusing now.

And apparently he was there at his vacant block working on repairs ?

 

[Hoffy]

I've read this at least 10 times. What does it mean?

 

[Singo]

Ok. I got it.
Shaneelastic has built an IP. There is a vacant land next to that house. A fence is needed between that land and IP. So Shaneelastic found the address of the owner of that vacant land. But that owner is no longer living in that address. So simply saying Shaneelastic doesn't know how to contact the owner of the vacant land to share the costs of fencing.
What can be done?

 

[Terry_w]

What basis would there be to lodge a caveat?

 

[D.T.]

Ok. I got it.

Don't ruin it for everyone else

 

[Shaneelastic]

What basis would there be to lodge a caveat?

Prob not
I have no agreement with him
I can't find him
Any suggestions terry

 

[chilliblue]

Speak to Council as someone would be paying their rates. Advise that you require the information in order to erect a fence.

 

[Shaneelastic]

Speak to Council as someone would be paying their rates. Advise that you require the information in order to erect a fence.

Done that, hence got his address which he was renting and trashed

 

[Terry_w]

Prob not
I have no agreement with him
I can't find him
Any suggestions terry

read the relevant fences act

 

[D.T.]

Why not just bite the bullet and get the fence done yourself? Surely all the time stuffing around isnt worth half the money. And if hes trashed a rental hes probably not one to have any money anyway.

 

[Shaneelastic]

Why not just bite the bullet and get the fence done yourself? Surely all the time stuffing around isnt worth half the money. And if hes trashed a rental hes probably not one to have any money anyway.

I'm going to get it done

I will lodge a cavaet, I doubt it will be legally enforced, however at least I have some chance of getting money if he decideds to pay me eventually cash in hand.

 

[Terry_w]

I'm going to get it done

I will lodge a cavaet, I doubt it will be legally enforced, however at least I have some chance of getting money if he decideds to pay me eventually cash in hand.

Lodging a caveat when you don't have a basis to can be extremely costly. This could end up in the Supreme Court so check to see if you have a basis to first and then get legal advice.

 

[Shaneelastic]

Lodging a caveat when you don't have a basis to can be extremely costly. This could end up in the Supreme Court so check to see if you have a basis to first and then get legal advice.

Rang the builder of his place, they aren't doing it anymore its a lost cause

 

[marg4000]

In most states you can't pass on the cost to your neighbour if you do not gain his/her agreement beforehand.

In your case it seems you can either build the fence yourself, or wait until you can contact an owner for shared costs.

To place a caveat you will have to involve a solicitor, so costs would probably be greater than any possible future benefit. You may also incur legal costs to find out that you do not have legal grounds for a caveat (highly likely).
Marg

 

[Shaneelastic]

In most states you can't pass on the cost to your neighbour if you do not gain his/her agreement beforehand.

In your case it seems you can either build the fence yourself, or wait until you can contact an owner for shared costs.

To place a caveat you will have to involve a solicitor, so costs would probably be greater than any possible future benefit. You may also incur legal costs to find out that you do not have legal grounds for a caveat (highly likely).
Marg

It's just wrong but, I spoke to the builder and he's not starting till he pays him and he can't find him either.

I'm going to suck it up, it's the only prob I've had, I'm 2 months ahead of schedule anyways in building so I've saved there.

I'll pay, but ill still hit him up for the cash though