how to write an agreement for fence with neighbour

I have notified my neighbour to erect fence at our land boundary. However, she said that she doesn't have the money until the next month's pay. I'm planning to pay the full amount (pay her share as well) and she said she will repay her share (which is 50% of the total cost) when she receives her salary next month.

I'm just wondering how to create an agreement between me and her to say that she will repay her share of $XXXX to me ? do I actually need to have legal representative or just a piece of paper with agreement description and her signature. Please advise and provide sample letter if possible.

Many thanks !
 
You get the fence people to deal with it.

Organise the fencers, and they will need a letter from each side confirming go ahead. They then collect half the money from each side.

Cheers,

The Y-man
 
Separate Invoices

If the erection of this fence has been agreed, why not simply have your fencing contractor issue separate invoices to you and your neighbour?

Edit: Y-Man said something similar, although if a neighbour later refuses to pay, it becomes the fencing contractor's problem to chase up, not yours.
 
Thanks for your reply Y-man.

The problem with this is, she doesn't have a deposit to get the ball rolling. The fencer needs to have signed agreement (got her signature on the fence quote) and 50% deposit of each share. my IP is in new estate and there are a lot of problem with people throwing rubbles, rubbish on others' property and some security incidents. I just wanted to erect the fence asap to avoid these problems. If I have an agreement with my neighbour on a piece of A4 paper, does it have a legal power to escalate to court if she doesn't pay up ?
 
FENCING NOTICE

Dividing Fences Act 1988

To: (Name)

(Address)

The fencing work described on the attached proposal is required between our adjoining properties. I would be pleased if you would contribute to the extent shown.

(Signature)

(Name)

(Address)

(Telephone)

(Date)
IMPORTANT - YOU SHOULD READ THE NOTES N THE NEXT PAGE

NOTES FOR OWNERS

The DIVIDING FENCES ACT provides a simple procedure for the settlement of conditions under which fences dividing the properties of neigh-bouring owners are constructed or repaired. If one owner wants fencing work to be undertaken between two properties and wishes the owner of the neighbouring property to contribute towards the cost of the work, a notice should be sent to the other owner containing details of the proposed work. “Fencing work” includes the construction of a new fence, replacement of an existing fence, and repair of a fence.

Normally the owners of the properties affected must pay half the cost of fencing work which results in a sufficient fence. Whether an existing or proposed fence is sufficient depends on all the circumstances of each case, including these factors:

00. the kind of fence which is usual in the area
00. the purposes for which both properties are or will be used
00. the privacy of the persons occupying the properties
00. a policy or code adopted by the local council
00. other relevant laws, such as environmental planning instru-ments

If the proposed work is more expensive than work needed for a sufficient fence, the extra cost should be paid by the person wanting the special fence unless both owners agree to share the total cost.

The contribution between owners towards fencing work may be altered by an agreement between them. An agreement may be in any form, but it is recommended that the attached form be used. When completed, an agreement is legally binding. If one owner fails to perform his or her duties under it, the other owner may do the fencing work and recover the other owner’s share from a court.

If a notice has been served on am owner and no agreement has been reached within one month, either owner may seek a hearing before a magistrate of a Local Court (disputes may also be heard by the local land board). The magistrate may order the owner who was served with the notice to contribute towards the cost of fencing work, and may order an owner to pay court and other costs. As this may involve large additional expense, both owners should try to come to an agreement before any legal action is taken.

Many local councils regulate the types and location of fences. You should check with your local council to see whether a fence code or policy is available. In some cases a building application may be required.

FENCING PROPOSAL

1. Properties affected (Street address):

(A) .......................................owned by..............................................

and

(B) ........................................owned by............................................

2. Fencing work to be done by (name):

3. Position of fencing work (tick one box only):

on the existing fencing line [ ]
as indicated on the attached plan or description [ ]

4. Length of fencing work ..... metres

5. Height(s) of fencing work: ...................................................................

6. Type(s) of fence: ..................................................................................

7. Materials ..............................................................................................

8. Completion: The fencing work will be completed by (date) If not completed within a reasonable time after that date, either of us may complete the fencing work and recover half the cost of the uncompleted fencing work from the other owner, as provided by section 20 of the Dividing Fences Act 1988.

10. Contribution: (name) will pay for the fencing work and will be paid the sum of $ by the other adjoining owner on completion.

(If another method of contribution is wanted, delete the above sentence and describe the method below):
...................................................................................................
...................................................................................................


AGREEMENT OF OWNERS

Property A

I/we agree to the above proposal

...........................................................................
(Signature)

(Address) ...........................................................
............................................................................

(Date) .................................................................


Property B

I/we agree to the above proposal

.............................................................................
(Signature)

(Address) .............................................................
..............................................................................

(Date) ...................................................................


[Plan or Description]
 
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