Fencing query

[marg4000]

I have a question regarding fencing that is a bit out of the normal.

We have an IP on the Sunshine Coast (Qld). In common with many properties in the area, one of our dividing fences (one neighbour) is super six, aka asbestos. We have been advised by our PM that the asbestos is degrading with age, and they have recommended its removal. We completely agree with this advice.

We immediately asked for a quote, and are happy with it. The neighbour's contribution is approximately $400, not a big deal. That property is rented, and our PM is endeavouring to find out the agent and approach them regarding contributing to removal of the asbestos and building a new fence.

Our priority is the removal of the asbestos. If the owner next door won't contribute, we are prepared to pay for the removal of the asbestos ourselves.

My concern is: if we remove the asbestos from the fence frame, does this affect our legal obligation to pay for half of the replacement fence? i.e., if we remove the fence, are we obliged to pay for the whole cost of the replacement?

If the neighbour won't pay half of the removal and rebuild, we have told our PM that we will pay for the removal of the asbestos, and leave the fence frame "as is". Our tenant has a small dog, but there is a fully fenced pool area and obviously the tenant is keen to have the asbestos removed, so no problems there.

Any advice?
Thanks
marg

 

[Raddles]

HI there
I think you will find the important thing is to give notice to the owner of the adjoining property and a copy of 2 quotes - asking for a contribution.
If they don't then respond or co-operate you could take the matter further (via the Magistrates Court if necessary)
It seems to be very common for owners to do it their way - then expect their neighbours to contribute - I have had this situation in both the ACT and in QLD - in both cases if you go ahead without consultation, your neighbour has grounds to deny any contribution payment to you.
In the interest of good relations with the neighbour, communication is the issue.
thanks

 

[marg4000]

Thanks for that Raddles.

My question remains - do I prejudice future fencing obligations by removing the asbestos? I feel the tenants' (on both sides of the fence) health would make its removal a necessity.

Marg

 

[Raddles]

HI there Marg
if asbestos is a problem - it is possible to get an order from Council to have it removed - then both owners have a "fencing order" they need to comply with.
You are still not likely to get it removed over the Christmas break - why not use that time to track down the owner and talk about the problem - even with the asbestos - you should still be communicating the issues to the adjoining owner.
If they had a building report done when they purchased the property - they will know they have asbsestos - that may have to be dealt with. If it becomes a health hazard - they will have to act
thanks