Fence Woes

[clubbie]

Hi,

About two years ago my neighbour pulled down 20mtrs of 1.5mtrs high fence in good condition and replaced it with a 20mtrs of 2.0m high colorbond fence.

He did not contact me by phone or mail even though my details are available from the council and the tenants.

About six weeks ago the tenants whom were at the property for over 5 years left as they qualified for public housing. The neigbour approached me over the cost of a replacement fence. I asked what the fence has cost. $1200 was the reply.

He then gave me a hand written estimate for $1198. He did not have the original invoices. I told him that was convenient and that he had never asked my permission for the removal of my fence. The existing fence which was completely functional but low and not conducive to his privacy.

Well fast forward to today when the neighbour angrily confronted me at my business demanding payment of $600. He said "You fcuking knew about the fence two years ago" to which I replied I only knew about it six weeks ago.

He then got nasty and proceeded to swear his head off in front of customers and other people in public (we are in a shopping centre). I asked him to leave and I would be in contact with him in seven days.

According to the legal kit in SA for fences, I have to be notified - which I was not and I do not have to agree to pay any costs to replace a good fence.

I want to send him the legal kit which the local council gave me that outline's the do's and dont's in fencing issues. It clearly show he is out of line. My only issue is this phycho now know's where my business/work is and that worries me.

Clubbie

 

[rugrat]

Maybe have a chat with your local copshop about the situation and see what they suggest?

Legally, (in a humble layman's opinion ) it would not appear that he has a leg to stand on.

If you are indeed feeling threatened by him, maybe an AVO is in order?

 

[AndrewT]

I can't see what reason he would have to come after you for the money now. 2 years later. Anyone with common sense would contact the owner of the other property before it was to be done, especially if they wanted you to come to the party for the bill.

Send him the legal kit and make it clear that your not liable for paying anything for the fence.

 

[Amadio]

Another angle - go from defensive to attack.

You could send him the kit along with a note explaining that actually you rather liked the old fence, it didn't need replacing, you weren't involved in any discussion over a new fence and that you are considering taking legal action to restore the original...

 

[clubbie]

Thanks everybody.

I know I am in the right.

Just pissed off that he was abrupt to my wife in the store and then abusive to me just near my store in the shopping centre where we have been trading for over eight years. It is not a good look.

Hell I was even contemplating paying the guy as it is only $600, keep neighbours happy etc. Now I am seething. I will not pay him a cent.

Clubbie

 

[Sheryn]

He then got nasty and proceeded to swear his head off in front of customers and other people in public (we are in a shopping centre). I asked him to leave and I would be in contact with him in seven days.

My only issue is this phycho now know's where my business/work is and that worries me. Clubbie

Clubbie
I would be worried too as he was verbally inappropriate - I would be seeking some legal advise about this issue.

If it was me I would be ringing my lawyer or at least free legal information as you do not need a repeat of his behaviour.

Bad behaviour should not be rewarded so I wouldn't be paying him for half fence as you were not consulted & fence did not need replacing.


Good luck
Sheryn

 

[wylie]

We had a similar situation (without the verbal abuse) where neighbours pulled down an existing fence and started building the one they desired and wanted us to pay half of a nearly $5K bill.

We took free legal advice which was that as they didn't follow the Dividing Fences Act, started things without advising us, didn't consult us about the "above average" fence they started, that we were under no obligation to pay anything.

They also trespassed on our tenants yard and she could have sued them for trespass.

We paid them half a "standard" fence for the area (half of $2000) because we would have done that if they had done things properly, but certainly were not prepared to pay for half their "designer" fence.

That they carried this into your business is so wrong, and I am not sure what you should do, but a call to the local police station for advice would be a start.

That is bullying, harrassment, whatever it is called and absolutely not acceptable. Perhaps the police might call on the to let them know they have done the wrong thing and give them a warning about doing it again.

Luckily we don't live next door to this neighbour who created a fencing issue for us, as it is a rental house.

 

[Rockstar]

Perhaps the police might call on the to let them know they have done the wrong thing and give them a warning about doing it again.

This would be a good outcome.
My immediate neighbour had another guy in the street dump some prunings on her front verandah one day - she caught him doing it as she was arriving home. She had earlier thrown her prunings down an embankment next to her house in some public reserve land. The irate neighbour who lived down the road was trying to get some shrubs going on the embankment which runs for about 100m along our street. He gathered the prunings up from the bottom of the embankment (they didn't harm his plants) and dumped them in a heap at her front door. He then abused her for doing it.
She called the police and they promptly paid the irate guy a visit and admonished him for his behaviour. He never did it again.

Out of line behaviour needs to be nipped in the bud through the proper authorities.

 

[AlmostBob]

not prunings, strategically placed, erosion preventing, moisture retaining natural compost
how dare the bast___ interfere with her attempts to support a natural ecosystem,

 

[marg4000]

I don't approve of the man's actions in returning the prunings, but can sympathise if he is trying to improve a public area.

We live close to a creek with naturally vegetated banks. Sadly some locals used it as a dumping ground for branches and garden prunings on the grounds that it is "natural" and will break down. We even got barrowloads of earth and cement chunks.

However, it turned what should be a lovely bushland remnant into an eyesore.

Hopefully your neighbour will now dispose of her prunings correctly and not dump them on public land.

Happily for us a local landcare group has adopted our creek and conduct regular working bees to clean up and tidy the area which has lessened the dumping problem.
Marg

 

[arms]

I don't approve of the man's actions in returning the prunings, but can sympathise if he is trying to improve a public area.

We live close to a creek with naturally vegetated banks. Sadly some locals used it as a dumping ground for branches and garden prunings on the grounds that it is "natural" and will break down. We even got barrowloads of earth and cement chunks.

However, it turned what should be a lovely bushland remnant into an eyesore.

Hopefully your neighbour will now dispose of her prunings correctly and not dump them on public land.

Happily for us a local landcare group has adopted our creek and conduct regular working bees to clean up and tidy the area which has lessened the dumping problem.
Marg

post has taken a decidedly left hand turn ,back on track please

 

[travelbug]

I read somewhere that a high percentage of neighbourhood disputes involve fences.

When we wanted to put a colourbond at the back of our yard one of the back neighbours (we have 2 across the back) didn't want a colourbond one and was unconcerned about the fact that the fence fell down and his grandchildren could enter our pool area. He couldn't see it he said (as he has many trees). Anyway we just put the fence up on our side of the falling down fence. I don't know if he's noticed but we needed it for safety and hubby put it up so it wasn't that expensive. He insisted on a lap and cap between him and the other neighbour. Other neighbour gave in even though he hates it. It's warped and gone an awful colour.

We need a new fence down the other side now but know the neighbours can't afford it. It's quite long so not cheap. Everytime a paling falls off he quickly nails it back up (I think hoping we won't ask for a new fence). We'll live with it until it falls down (or we are ready to sell).

 

[skater]

We had an owner occupier next door to an IP. He wanted a new fence, but the old one was still serviceable. There were a couple of holes under the fence that were dug by they neighbours own dog.

Anyway, he got in touch with our PM and asked if we would pay half if he put up a new fence and we said no, a new fence is not required. He went ahead and put one up in his choice of colour, which does not enhance our IP at all. Then demanded payment. We ended up having our PM right a note stating that we were not paying as the new fence was done for cosmetic purposes only and that the old one was still in good condition.

 

[battler]

He did not have the original invoices.

I think this would make it very hard for him to make a claim against you.

 

[RPI]

Under Qld law if a person comes into your business what you can do is

Say:
You are creating a disturbance, if you don't leave now I will remove you

if they don't leave

You are creating a disturbance, I am legally allowed to remove you from my premises, leave now or I will remove you.

If they still don't leave

Physically remove them from your premises, no punching etc, but walk them out grab them by the arm, push them out etc.

If they were to try and start a fight with you they will be liable

You have every right to forcibly remove(not excessive force) a person creating a disturbance from your premises. If they go to the police and are truthful (actually tell them what you said) the police will not even bother you. If they don't tell them what you said as soon as you do they will leave you alone and give the other person a warning.

That has been my advice and I have used it many times without an issue.

 

[clubbie]

Well I sent the neighbour by registered mail a letter along with the "Fences and the Law" booklet by the Legal Services Commission of SA. Highlighted the relevant sections about him not getting my authorisation and the fact I do not have to pay. I also highlighted the fact that I can be due for compensation for the removal of the original fence.

I also wrote to him that I am not happy that the new fence is Heritage green whilst is everything else on my property is cream.

Lastly I have asked him not to bother me in person and all future communication will be via registered mail.

Asked a friend of mine in the police force whether I should report the shop incident. He said not to bother unless there was another incident, as there were witnesses.

Feel better now. Thanks again.

Clubbie