Hi,
Is there any regulation/guidelines which one must adhere to when replacing a fence and deciding which neighbour gets the flat side?
From my research there really isn't a law dictating what, but rather what are "norms" now this kind of fits in two categories:
1. If it is a 50% share then it would be fair to say whatever the old setup is should be followed.
2. Via an agreement between neighbours if they would like to alter what it currently is.
My situation is this - we've recently moved into our old investment property (was based overseas now back), all renovated. Problem is the neighbour an elderly ethnic pensioner refuses to chip her 50% normal portion and gives me all this sob story.
So we proceeded to build the fence ourselves with our contractors. The neighbour has a very exquisite garden and preferred it if our contractors didn't damage it (originally she had the flat side). However, when the contractors arrived on site, they decided it was much easier if they flat side on facing my house.
So we went ahead and proceeded with the change, now she is threatening me (via one of her kids who speaks English) to revert it back to the old setup else take it up to the Magsitrates.
Looking up the lawbooks and references, I think because I paid for the fence there is little she can do except maybe one area - encroachment where she might be able to get me?? I did a quick measurement myself and it has not encroached her land at all. The stumps used to be on my side, now hers but the dividing panels are still at 17m (according to my plan and actual measurements).
Last thing I'd want to do is get lawyers etc involved and we've already talked with her that we've already been uber generous by forking out her 50% or 1,500 for the fence itself. She thinks by law I need to provide this.
Any opinions?
Thanks.
Is there any regulation/guidelines which one must adhere to when replacing a fence and deciding which neighbour gets the flat side?
From my research there really isn't a law dictating what, but rather what are "norms" now this kind of fits in two categories:
1. If it is a 50% share then it would be fair to say whatever the old setup is should be followed.
2. Via an agreement between neighbours if they would like to alter what it currently is.
My situation is this - we've recently moved into our old investment property (was based overseas now back), all renovated. Problem is the neighbour an elderly ethnic pensioner refuses to chip her 50% normal portion and gives me all this sob story.
So we proceeded to build the fence ourselves with our contractors. The neighbour has a very exquisite garden and preferred it if our contractors didn't damage it (originally she had the flat side). However, when the contractors arrived on site, they decided it was much easier if they flat side on facing my house.
So we went ahead and proceeded with the change, now she is threatening me (via one of her kids who speaks English) to revert it back to the old setup else take it up to the Magsitrates.
Looking up the lawbooks and references, I think because I paid for the fence there is little she can do except maybe one area - encroachment where she might be able to get me?? I did a quick measurement myself and it has not encroached her land at all. The stumps used to be on my side, now hers but the dividing panels are still at 17m (according to my plan and actual measurements).
Last thing I'd want to do is get lawyers etc involved and we've already talked with her that we've already been uber generous by forking out her 50% or 1,500 for the fence itself. She thinks by law I need to provide this.
Any opinions?
Thanks.