fencing - who should pay

hi guys;

i am doing a subdivision, and as part of bushfire evaluation, i have to cut down ~30 trees (along the boundary line to a neighbour) and reconstruct fence as part of DA condition

Q1) who should pay for fence:

DFA says 50/50 for most cases unless one party deliberately damage fence

then Q2): are the trees "fences"

thanks

ahtsun
 
hi guys;

i am doing a subdivision, and as part of bushfire evaluation, i have to cut down ~30 trees (along the boundary line to a neighbour) and reconstruct fence as part of DA condition

Q1) who should pay for fence:

DFA says 50/50 for most cases unless one party deliberately damage fence

then Q2): are the trees "fences"

thanks

ahtsun

If there is an existing fence, and you damage it by dropping the trees, then I would say the onus is on you to redo the fence. (you said 'reconstruct').

However as a DA condition, it looks as if it falls on your shoulders.

If there is no fence (as you ask 'are trees fences'), then I would say normal proceedure to notify your neighbour and go through the motions.

Hard to tell from your post. Maybe further explaination.

pinkboy
 
If it falls under a DA condition, you are obliged to pay for it (there was no fence previously and your actions ie the DA for subdivision has raised the requirement). If you approach the neighbour you may get a 'yeah, I was wanting a fence' or a 'no, I was happy the way it was before, you want the fence you pay for it' either way an approach to the neighbour may save you some money though you have no right to it.
 
background:

there were no fence

DA condition told me to put in fence (trees are bushfire hazard)

i think i have to pay for it....
 
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