Hi team,
our IP in South Oz (we live in NSW)has an adjoing fence to our neighbours house. our dilemma is that we have been trying since early February to get the fence replaced, but our neighbours have been less than helpful.
upon our request they phoned us to talk about it, with the result being them getting quotes and then looking at which way is the best way to go for all included. we still had not received any communication up until last month (april) so we sent another letter to them as we do not have their phone number.
we sent them a letter (in april) and a copy of a quote that we had arranged through our PM, with still no response.
the current tenant moved in inder the provisiopn that the fence would be fixed ASAP as he had a dog and it may actually fall on him if we leave it too long. we would love to fix the fence regardless and have done what we think to be the morally correct thing to do: contacting the neighbour to sort the situation out.
my question is: what is the next step for us legally as we are looking to replace the fence ASAP and would love any tips on what our choices are?
thanks [guilty]
It is only your thoughts that create your future – Be careful what you think!
Prior to legal action, I would write to the neighbour asking them if it is a financial concern that is delaying them. If it is, I would offer to pay for the fence as long as they agreed, in writing, to repay their portion at a rate affordable to them. They may be just embarrassed to tell you they cannot afford it.
If they are just unfavourable neighbours, I would pull the fence down and lay naked (a VERY scary site) in my backyard all day until they paid their half of the fence.
Legal action is a waste of everyone’s time and money.
The Mortgage Adviser
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Essential LinksYour first step should have been a phonecall explaining that you were about to issue a ‘notice to fence’ (I’m assuming you have these in SA?), and asking them ‘not to take it personally, it’s just a formality for my bank / business partner’ etc. Next step get quote, attach to notice and post via registered mail. It works in Victoria.
Cheers, F.[cowboy2]Hi Nathan,
Sounds to me like you’ve got pretty OK neighbours. If they were prepared to call you and discuss the situation, and then agree to run around and get quotes…that can’t be too bad – surely. I don’t understand why you didn’t grab their phone number then ??
Maybe they are just on a different timeframe to what you are on. They might be from the country…that’d explain heaps. You’ve put yourself under time…and hence money pressure, by agreeing to action the fence issue with your incoming tenant without involving the neighbour.
Frankly, you’ve gone out on a bit of a limb by promising that, and now you’re having difficulty convincing your neighbour to comply with your personal commitment – maybe you weren’t in a position to give that commitment unless you were prepared to stump up 100% of the cost of the fence…and hence be in control of the action.
Just because the neighbours aren’t dancing to your self imposed commitment – that’s not their fault.
I suggest in the future before you alone commit to an action that involves agreement and expense from you and a second party, you agree upfront in writing with that second party…before commiting to that action to a third party.
I’m told that fences are the number one issue on which neighbours fight over…it’s called lack of complete control. It’s very common when dealing with things like human beings.
Cheers,
Dazzling
“No point having a cake if you can’t eat it.”
Hi Nathan,
I live in SA and am currently trying to persuade my neighbour to help with the cost of a new fence. My neighbour refuses to discuss the matter. I have been to the local council and they advise that the dont get involved in these issues. The Fence is fallen down and is an eyesore but doesnt pose a threat to anyone injuring themselves.I have send quotes with the Fences act but the neighbour has thrown them away. Nathan i think that if you want a fence, you pay for it and forget about it and claim the deduction otherwise you could be in for a long battle. Legal action is not recommemded. My local council stated to me that there is no obligation for homeowners to have a fence whatsoever.
Trev
Try this link, it may help you decide which way to approach the situation.
http://www.justice.qld.gov.au/mediation/about/L01Fences.htm
cheers
fostonLife is a series of new beginnings
As the dog could cause the neighbour injury it may help to explain the reason for the new fence is to protect the neighbour or their children from any potential dog attacks. It may be that you will have to go ahead a replace the fence at your cost to protect you against a duty of care public liability claim caused by a dog attack.
At this point I’d go ahead and fix the fence. I’d inform the neighbour that I’m going to fix the fence in 28 days. The letter would tell them who is doing it, when they are doing it and what materials etc they are using. If they want to vary any of the details please contact me ASAP to discuss.
Then I’d just go ahead and get the fence fixed. It wouldn’t cost too much surely and the neighbours may well agree to pay some of it. If they don’t get in touch I’d have the fence replaced in what ever way advatages me the most. Eg: the fence posts facing the neighbours yard and the planks facing mine (better asthetics).
Surrey.
Thanks for the replies.
There are varied perceptions of the same situation which is excellent. I will look at fixing the fence at my own cost and have the advantages of choosing what i want put up, and which way it faces etc. etc.
Thanks again [biggrin]
It is only your thoughts that create your future – Be careful what you think!
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