Fencing who pays?

[rexilla99]

when buying a builders spec home do you have the right to ask your neighbour to pay for half of the fencing price?

 

[Tools]

Yes, and if they won't come to the party, you can serve a notice to fence on them.

Tools

 

[The Y-man]

How about where a property backs onto a park or road?

Cheers,

The Y-man

 

[sailor]

How about where a property backs onto a park or road?

Cheers,

The Y-man

I was going to ask this Q too. My neighbour on 3 sides is the council. Will they come to the party too, for 1/2 the costs?

 

[BBarnes]

My mother-in-law has a house backing on to a council (Gold Coast) easement, and they will not pay half the price of the common fence.
They say it is not their responsibility.
Bill

 

[carumble]

BBarnes is correct. If you live on a corner or back onto park land the home owner bares the full cost of replacing the fence.

Carumble

 

[BoatBoy]

Although we have a house in Rocky that has a side as a park, and the council said they would pay half of that side, but only if done by a business, not me.

BB

 

[mitta]

when buying a builders spec home do you have the right to ask your neighbour to pay for half of the fencing price?

Hi Rexilla, as already answered by Tools, Yes, but you have to do it in the correct manner, follow the law and you will have no problems.

http://www.justice.qld.gov.au/mediation/about/L01Fences.htm#1

Mark

 

[rexilla99]

I brought my IP as a builders spec so the price for fencing was included. I am pretty sure the neighbour also brought as a builder spec as well so the price for their fence was included in their contract.

Seeing that my house and fence was built first, does my neighbour have the right to ask their builder to refund some of the cost for there fencing since they did not need to build a fence?

I'm just thinking what if they paid for their fence in there contract. I don't want to them to freak when I ask them for money for a fence they paid for in there contract with the builder.

 

[poppy]

On a block of land we bought in SA, the fencing was included as part of the land contract (not the building contract). The contract to buy the land stated "vendor to provide fence". At the last minute the conveyancer pointed out that if the fence was not built at settlement then there would be nothing we could do to get the fence built later. So, some money was withheld from the settlement in a trust account until the building is complete and the fence can be built. Vendor is not happy...

On our other block in Vic, apparently it is up to us to pay for the fence (and work it out with neighbours). However, the fence was already built on two sides at the time of purchase of the land. If the neighbours ask for part of the cost of the fence already built, I won't be too sympathetic given that they have been using the block to dump their building rubbish...
and also the building costs increase due to existing fences being an inconvenience for the builders.

 

[mitta]

Seeing that my house and fence was built first, does my neighbor have the right to ask their builder to refund some of the cost for there fencing since they did not need to build a fence?

I take it that their house has not been built yet. Of course, they would simply sign a variation for the price of that piece of fence.

I'm just thinking what if they paid for their fence in there contract. I don't want to them to freak when I ask them for money for a fence they paid for in there contract with the builder.

An easy way of doing it, would be to talk to your neighbor and have both parties remove the price of that piece of fence from your contracts and then simply organize between your self's for a fencing company to build it.



Mark

 

[Peter 14.7]

On a side note, I believe they only have to pay for:

• half of the price of the typical fence in the area.Usually timber.
• if fence is failed.No unsightly

Peter 14.7