Fencing Issues

From: J Parker


Have just done a search on the archives but can't yet find a suitable answer to my question.
As far as fences are concerned, where do owners legally stand about replacement? A property that I am interested in has a really cruddy fence on the front border and the neighbour's house is a real dump. Doesn't look like the sort of owner who would happily fork out half the cost of a new fence. It is horrible, though, and is partially falling down. Where do I stand, If the neighbour doesn't agree to replace it?
Cheers, Jacque :)
 
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Reply: 1
From: Tracey Betts


Dear Jackie,

I'm no expert on the issue but as far as I know I think that if you pay the full amount for the fence, that you can put up any style of fence that you like. Check with the local council to get the whole picture.

Tracey
 
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Reply: 1.1
From: Dale Gatherum-Goss


Hi

Another thought is to have the issue placed as a condition of purchase into the contract. That is, the fence is to be replaced before settlement.

It is then someone else's problem, not yours.

Dale
 
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Reply: 2
From: Simon St John


I am currently dealing with this issue in Qld.

You would need to check local laws, but in QLD where no fence currently exists or one is in bad repair the other party is compelled to contribute to the cost of a basic standard fence (as defined by the local regs). If you then want to have something fancier you pick up the extra cost.

HOWEVER if you build first and then send a bill to the other party it's too late and you're stuck with the whole cost.

So the other party must be approached and consulted and involved in procuring 3 quotes. If the owner is uncooperative they can be compelled by the council to cooperate and contribute.

You could check with your local council as a first step perhaps?

Cheers, Simon
 
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Reply: 2.1
From: Ron Bennie


Hi I have had a problem with a neighbor who refused to pay half after agreeing to come to the party. However a letter from a solicitor pointing out she had agreed to half in front of a witness encouraged her to pay up.I am currently about to replace a fence on a property,the neighbours house in an absolute eyesore,but the old guy is quite happy to contribute his share,(Check out your neighbor you just never know till you ask)he got a quote for the material only and it was only about $200 below mine for the the complete job labour included.
Have fun
Ron
 
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Reply: 2.1.1
From: J Parker


Thanks for the quick replies everyone. I will let you know how I go, if I end up buying the property.
Cheers, Jacque :)
 
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