Fencing

[AMB]

Just wanted to see if anyone has had any experiences with a situation I currently have.

The neighbour to one of my IP's has demolished his house with the intention of sub-dividing the block. The existing fence between our two properties still remains. Whilst it's an old fence, there's nothing wrong with it. The neighbour would like to replace it with a new colourbond fence. He is demanding I pay half. I don't have any objection to him putting up a new fence but I'm just as happy to have the old one remain. I don't think I should be forced into paying for half.

As someone who's done a development before, I've been trying to consider both sides to this but I keep coming back with the same answer.

Just wanted to get some thoughts or opinions on this.

Cheers

Andy

 

[DaveM]

If its a condition of his subdiv then generally he has to pay the whole lot himself.

If its not a condition of his subdiv and he just wants to do it for aesthetic reasons and the fence is otherwise servicable, then generally he has to pay the whole lot

 

[wylie]

If the current fence is doing its job, you have no need to pay for half of a new one just because your neighbour wants an upgrade (in Queensland). I'm sure the same rules probably apply in WA.

 

[Scott No Mates]

Got the same situation where a neighbour is rebuilding, needs to replace the fence as it will form one of the fences around their pool (climbing rail is on wrong side), house sits in bush fire zone. Neighbour can't fill their pool until the fence is compliant with DA (Non-combustible & meets the pool fence requirements)

Fence was working, owner doesn't need to contribute.

 

[Kate Ashmor]

Dividing Fences Act 1961 (WA)

Here's what the law on fences in WA says:

http://www.commerce.wa.gov.au/building-commission/dividing-fences-0

 

[HD_ACE]

Having been on both sides of the fence (pun intended) it is up to you from what you describe.

When Developing, i pay for the entire fence as thats the right thing to do. I have also contributed to a fence when a neighbour was developing as the way i saw it, the fence was still half mine.

But your within your right to refuse. Take photos now of the condition incase they take it further.

 

[AMB]

Thanks for the replies.

I did a dev a couple of years ago and also paid for the entire fence because I thought it was the right thing to do.

I guess my neighbour doesn't think that way. I've taken pictures so I'll just wait to see what happens next.

Cheers.

 

[chilliblue]

Agree with what has been said above but I would like to add that you should take some clear date and time stamped photographs proving that the fence is in good condition prior to the works commencing next door.