Issue with neighbour - Fence

[SE7EN]

I have a neighbour who has done a site cut on his block up to the boundary between my block and his block.

The neighbours block sits a fair bit lower than my block, so there is a vertical drop of up to 6ft at its deepest point.

Anyway, my issue is that in order to erect a fence between the two blocks the neighbour will need to first erect a retaining wall.

The neighbour did the site cut 2 years ago and has still not erected the retaining wall, so therefore I have not been able to fence one side of my property.

I just completed a house on my property last November and have tenants that have taken out a 2 year lease with an agreement prior to taking out the lease that the fences would be completed within a couple of weeks.

It has now been 3 months and the tenant's have been hassling the property manager almost daily to find out when the fence's will be complete.

I have tried speaking to the neighbour (who is an owner builder), but he has been very aggressive an unwilling to resolve the matter or give an estimated time frame of when the retaining wall will be erected.

He's standard answer is that he will do it when he gets around to it, meanwhile I am unable to finish my property and am having to put up with the added stress of the tenants hassling me on a daily basis.

There are also some additional complications with this case that I should mention. I spoke to the owners building surveyor after speaking with the building commission of Victoria to find out about my rights in this matter and discovered in the process that the neighbour did not have a permit to do the site cut to the boundary. So, the neighbour had to re-submit his plans to the council to get the building permit re-issued, and now the retaining wall has to engineered, which unfortunately because he has done the wrong thing it is now going to cost him.

Does anyone here have any advice of how I can get this matter resolved, or should I just take legal action? Has anyone had a similar experience?

 

[Collector]

Firstly as this has been ongoing prior to you placing tenants in your property you/your PM should not have advised or written into the lease that a fence would be errected within weeks on a tenancy commencing.

The tenant can apply to the tribunal and ask for compensation in way of a reduction in rent.


In regards to what action to take:

And legal action will be long term - drawn out and costly, council may be able to provide you with advice and order the neighbour into action - but this could also take time.

I would look at errecting a fence inside the boundary line (temporary messure) - first discuss with tenant, and then look at the legal angle.

 

[SE7EN]

Hi,

Thanks for your advice. I will take that on board.

Fortunately it was just a verbal agreement with the tenant's, as I thought this would be a reasonable assumption that the fence would be completed within this time frame. Also, the neighbour had seemed reasonable up until this point, so I had no reason to think otherwise.

 

[ger]

Hi,

Thanks for your advice. I will take that on board.

Fortunately it was just a verbal agreement with the tenant's, as I thought this would be a reasonable assumption that the fence would be completed within this time frame. Also, the neighbour had seemed reasonable up until this point, so I had no reason to think otherwise.

I guess even if it was verbal I can see the dangers
especially with the different levels and no fence acidents can hapen.
also the site next door is a worksite and with machinery working
a child can easily cross over (not necessarily the tenats child just visiting)
I would erect a temp fence ASAP as if anything hapens
you will be liable

 

[hobo-jo]

Perhaps if you haven't already you could let the tenants know what/who is holding up the process, perhaps then they could hassle the owner/builder next door daily instead of your property manager

 

[farmilor]

Maybe try checking with council. I'm sure they would be concerned with a 6ft drop off. Some coucnils also have a fence disuptes act or something like that. It may be relevant to your situation also, or at least worth checking out?
Other than that you could fall off the drop-off and injure yourself then sue

p.s ......... not advice at all!!!

 

[rugrat]

Definitely talk to the council. 'Dob' your neighbour in, so to speak. they may have better luck getting him to do somthing about it. But I would also get someone in to erect a tmporary fence in the meantime - but if you do, mark your boarder, so that nextdoor don't think they can start to encroach upon your property. many people have lost land this way.

 

[Dazz]

a 2 year lease with an agreement prior to taking out the lease that the fences would be completed within a couple of weeks.

Harsh adult lesson SE7EN, don't promise or undertake an action on behalf of another independent adult......without expecting to foot the bill if they don't wish to play your game, in the timeframe you wish them to play it in.

They don't teach this stuff at school or Uni.

Your neighbour may be doing the wrong thing, undoubtedly s/he is, but it wasn't exactly wise to go promising your clients something, and then expect your neighbour to immediately follow up with an action to make your promise come good.

Why did you do that ??

 

[Aaron Sice]

your neighbour has a legal obligation to fix the fence - if they changed the levels and pulled the serviceable fence down in the first place.

at the least, a temporary fence needs to be installed - especially considering the heights we are talking.

a letter to your local authority should have the matter resolved, and if the neighbour wants to take it further they will lose and be ordered to pay costs associated as well.

they should bear the brunt of 100% of the fence cost replacement if the fence removed was serviceable and removed without consent.

i see a matter like this being resolved in a very short amount of time - the law is VERY clear with this issue.

 

[SE7EN]

Harsh adult lesson SE7EN, don't promise or undertake an action on behalf of another independent adult......without expecting to foot the bill if they don't wish to play your game, in the timeframe you wish them to play it in.

They don't teach this stuff at school or Uni.

Your neighbour may be doing the wrong thing, undoubtedly s/he is, but it wasn't exactly wise to go promising your clients something, and then expect your neighbour to immediately follow up with an action to make your promise come good.

Why did you do that ??

The neighbour had indicated in a conversation that he would be erecting the retaining wall late in December, so I trusted that he would 'do the right thing' and keep his word. As it turns out, he hasn't done the right thing.

He did have the materials delivered to site and posts marked out etc. so it appeared that it was progressing.

It is not really a big deal to erect a temporary fence.

I think I'll call the council again.

 

[Sheryn]

I just used information out of the attachment, rang council for name and address and sent of a letter with quotes.

Get one good quote for a timber fence and a quote for a colourbond & a fancy fence.


Cheers
Sheryn

 

[Sheryn]

Fence letter template

Seven

The last fence letter I used is attached for you.

We currently have the same/similar situation and I will be drafting letter shortly to send out.

• Cut out of block was deeper than council approved plans
• They cut onto our block by a few centimetres
• They had to borrow and extra 18K for retaining walls
• They should have used a different builder (but they weren't to know)
• IMHO They removed the boundary peg when our building was marked out as builder sprayed where their wall was on our land.
  
  I will be sending letter to the estate of the late XXXX because the neighbour's husband dropped dead in the yard at Christmas time

A friend of the neighbour spoke to my husband on the weekend and asked if they could have 'cheap' fence and to make sure no more water goes into their yard - their cut and retaining walls are the cause of their water problems, not us.
[/LIST]


Cheers
Sheryn

 

[Sheryn]

Maybe try checking with council. I'm sure they would be concerned with a 6ft drop off.

Strangely they teh council are not...as only interested in each building DA! The council will talk nicely to you and tell you it is a civil matter & that you need to retain good communication with your neigbours.


Other than that you could fall off the drop-off and injure yourself then sue I strongly believe in OHS and as far as I am concerned I could not rent out a property that a child (adult) could fall and injury themselves.


Some people do not understand OHS 'Hazards'

p.s ......... not advice at all!!!

Cheers
Sheryn

 

[SE7EN]

Seven

The last fence letter I used is attached for you.

We currently have the same/similar situation and I will be drafting letter shortly to send out.

• Cut out of block was deeper than council approved plans
• They cut onto our block by a few centimetres
• They had to borrow and extra 18K for retaining walls
• They should have used a different builder (but they weren't to know)
• IMHO They removed the boundary peg when our building was marked out as builder sprayed where their wall was on our land.
  
  I will be sending letter to the estate of the late XXXX because the neighbour's husband dropped dead in the yard at Christmas time

A friend of the neighbour spoke to my husband on the weekend and asked if they could have 'cheap' fence and to make sure no more water goes into their yard - their cut and retaining walls are the cause of their water problems, not us.
[/LIST]


Cheers
Sheryn

Thanks Sheryn,

Here I was thinking that only things like this happen to me!

I did post a notice to fence to the neighbour in December, after obtaining the contact details from the local council. I didn't send it through registered post, but the neighbour has contacted the fencing contractor, so I know that he has received the quotes.

To date I believe that the neighbour has not responded to the notice to fence, so my next step is to apply for a magistrates complaint letter to be sent to the owner. In hindsight I probably should have sent the complaint earlier, but I trusted that the neighbour would do the right thing.

The tenants do have 3 small kids, and I share your concern. This is why I will be arranging for a temporary fence to be erected ASAP.