Fence - who gets to pick the flat side?

W

willister

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.
 
I would tell them to file their complaint in the large red lidded filing cabinet on wheels that sits at the side of their house.
 
You are in the right so tell her to suck it up princess and get over herself.

If she wants to lodge a complaint then fine ... she will get laughed out of court (after the lawyers bleed her dry).

Hmmmm - I sound a bit like I don't give a figs pooh bear this morning for whinging "victims" ... time for coffee
 
Thanks for the opinions...

A lot of people have echoed the same as your replies, just being cautious..

Side note - is it just me or is Australia heading down the very selfish path? A lot of mates/relatives who have currently/recently built a new house or renovated it seem to run into 1 neighbour who refuses to fix old aged fences.

Seems like neighbours think its an unwritten law or something that just because the fella next door is building or renovating there is some god given right they should get the fence done as well?
 
Some people just don't feel the need to replace an old fence if it's still standing. Other people like a brand new fence - especially if they have a brand new house. I had a neighbour once who did a nice reno and wanted a nice fence to go with it. He paid for all of it as the existing fence was serviceable. He offered and I didn't mind either way.
 
depreciator said:
Some people just don't feel the need to replace an old fence if it's still standing. Other people like a brand new fence - especially if they have a brand new house. I had a neighbour once who did a nice reno and wanted a nice fence to go with it. He paid for all of it as the existing fence was serviceable. He offered and I didn't mind either way.
Click to expand...

True IF the fence is still standing...ours was like this:

of all 48m length of the boundary or so:

1. 30% was "holed up" - missing panels and pieces.
2. 10% was blown over by wind and fell flat on my land (front 5 m or so).
3. A lot of the posts were about to go, rails snapped off and between most joints.

Strangely enough, when I approached her, she demanded I patch up just the bits that were gone (60%) but obviously didn't want to pay for it, and the fencers told me that it would nearly cost me double had I gone done that path - eventually the rest would rot within 2 yrs and you'd get this multicoloured mixture of old and new fencing and constant calling fencers in to repair.

If I was a bit of a a**hole, I would have taken this to Magistrates and demanded she pay half for a new fence based on safety and dilapidation clauses.
 
She sounds a darling ;)

I'd print off and highlight the Fence Act which applies and respectfully explain that her further demand is a waste of time.. hopefully she quietens down..
 
If she can't afford a fence, she won't be able to afford a lawyer. The magistrate will probably make her pay for her half of the fence. If she is that concerned why doesn't she pay for some panels to be put on her side. Would still be cheaper than probably the half portion of original build anyhow.
 
Tell her to quiet down and take legal action if she feels it is necessary. She will waste $500 at a lawyer before they tell her she will lose.

Taking legal action on an 'each way bet' involving very small $ amounts is a pointless waste of time.
 
I've had two fences (different neighbours) that have needed mending in the past 18 months. It's a huge relief to have neighbours who have been keen to get things sorted with minimal fuss and argument. Good neighbours are worth a lot!
 
I am no brain surgeon but pray-tell, if she didn't want you to access the new fence from her side because of extensive gardens, how would one fix palings to her side of the fence?

PS: if she isn't paying, she has no rights other than that the fence does not encroach onto her land.
 
If the existing fence was indeed in disrepair, then you have the right to serve her notice to pay under the fences act.

Unless its changed, best check it first, but Being a fencer for years and years came across this all the time. Neighbour was liable for half the cost of a 5 ft high paling fence. Used to have to get 3 quotes to verify.

Check with council too.

Oh, and contrary to popular opinion, I prefer the rails side of the fence, not the flat side.
That way no kids/nosey neighbours/crims can climb up the rails Andover into your yard.
Also, easier to hang pot plants or peg whatever you want to the fence posts etc.
I used to see this argument almost every job and convinced many folks that the flat side is the "Ugly" side.
 
Last edited:
Gremlin said:
I've had two fences (different neighbours) that have needed mending in the past 18 months. It's a huge relief to have neighbours who have been keen to get things sorted with minimal fuss and argument. Good neighbours are worth a lot!
Click to expand...

200% agreed on this one! Our neighbours to the left are great! Nice young couple and the back is also great...Just that yes, this one of the right is a bit of a stinker.

Scott No mates,

"I am no brain surgeon but pray-tell, if she didn't want you to access the new fence from her side because of extensive gardens, how would one fix palings to her side of the fence?"

I had this conversation with her though her broken English and lack of grasp made it ever the more difficult...but from the gist of things, she wanted this:

1. I basically pay for the entire fence (which I did).
2. Pay her a compensation of about $500-$1,000 for the trouble/access of getting into her extensive/exquisite garden and damaging it. There was NO way you could get into that garden patch and no cut a small tree or to to install the pine panels on her side.

Number 2 was certainly NOT on and I made this clear I had rights to access her garden if I was to fix the fence. I thought reversing the face was really the only safe option I had left without damaging her garden.

Heck, she was getting a free fence, I did her a favour...and this is what I get in return? Pfft...
 
The Fence said:
If the existing fence was indeed in disrepair, then you have the right to serve her notice to pay under the fences act.

Unless its changed, best check it first, but Being a fencer for years and years came across this all the time. Neighbour was liable for half the cost of a 5 ft high paling fence. Used to have to get 3 quotes to verify.

Check with council too.

Oh, and contrary to popular opinion, I prefer the rails side of the fence, not the flat side.
That way no kids/nosey neighbours/crims can climb up the rails Andover into your yard.
Also, easier to hang pot plants or peg whatever you want to the fence posts etc.
I used to see this argument almost every job and convinced many folks that the flat side is the "Ugly" side.
Click to expand...

It hasn't changed, but we also had a little extension at the back (added a second storey) done which required that I have a 1.8m minimum fence. There was no way I could put up a trelis as the old fence was as good as gone...

I'd lose out more on land tax had I went the way of getti ng her to pay (almost never) and seen as she was on the pension etc....I felt OK, I'll cop it and lets be nice neighbours....there is no god!
 
The Fence said:
If the existing fence was indeed in disrepair, then you have the right to serve her notice to pay under the fences act.
Click to expand...

In Queensland you must do this before starting work. It is too late now to ask her for any money. She should be thankful you've paid for it.
 
Willister, fencers generally want BOTH sides clear for access - you could have given her the sheet music to Dixie and told her to whistle it (if she put her dentures back in).

The Fence, I agree - I prefer the rails on my side of the fence for those reasons too - much harder to climb a 6 foot fence without rails.
 
have been lucky with fence /neighbours
only fence done
dead old fence 5 feet
wanted 6 foot, neigbour opened up their gates, allowed the skip to sit in their driveway, right against the fence instead of mine on the other side of the block,
made coffee for the fencers while they were working, provided paint and the sprayer to seal the fence when it was done,
fencers so happy they sprayed the fence before they left
50-50 no qualms

I got the rails side, and hung baskets all over it
she got the palings, and painted a mural, guess that was why she wanted sealer
both of us happy
made new friends with the neighboours,
chickens can still get over a six foot fence
 
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