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  1. #1
    Join Date
    Dec 2005
    Location
    Perth, W.A
    Posts
    125

    Default Fencing Laws W.A

    Our boundary fence borders a commerical property. One of their contractors pushed in a few hardie sheets with his bobcat. We asked the owners to fix it but he said that he wasnt responsible.

    We would actually like to replace the hardie fence with something a bit more sturdy considering on the other side is a carpark. I'm just waiting for someone to drive through it one day.

    1. Does he have to pay for damage done?
    OR option 2
    2. Would he have to pay for half of a more suitable fence if we decided we wanted to build something of more sturdy material?

  2. #2
    Join Date
    Aug 2002
    Location
    Melbourne, Victoria
    Posts
    268

    Default

    Yes - his contractor. He can claim the expense from the incompetent contractor.

    Yes if the fence requires replacement / upgrade. Sounds like you might have a bit of a battle though

    Both these answers are an opinion only - don't know if it is legally binding. Small claims court sounds a distinct possibility.
    "Clear, Ease Springs"
    www.Stu's Shed.com


  3. #3
    Join Date
    Jun 2003
    Location
    ...
    Posts
    1,460

    Default

    In Vic all fencing matters, replacement, cost sharing, type of acceptable fence is governed by the Fencing Act.

    Normally you would issue a notice to fence and if not accepted within the specified period you apply to the Magistrate for an order to fence and you can then sue for the non paid amount in due course.

    However if you miss out any step in the process (especially addressing the notice to fence to the correct party) you will have to pay the lot yourself as you can not require your adjoining owner to pay anything if it is not done the correct way. My former neighbour from hell stuffed up with us and he had to pay the lot.

    Discuss it with a local fencing contractor to see if it is the same in WA.


    Peter.

  4. #4
    Join Date
    Oct 2006
    Location
    perth
    Posts
    196

    Default

    Quote Originally Posted by chromis View Post
    Our boundary fence borders a commerical property. One of their contractors pushed in a few hardie sheets with his bobcat. We asked the owners to fix it but he said that he wasnt responsible.

    We would actually like to replace the hardie fence with something a bit more sturdy considering on the other side is a carpark. I'm just waiting for someone to drive through it one day.

    1. Does he have to pay for damage done?
    OR option 2
    2. Would he have to pay for half of a more suitable fence if we decided we wanted to build something of more sturdy material?
    Hi all

    attached is a copy of the WA fencing act - you can get them to pay for damage by legal means. You can not get them to pay to replace a fence in good repair.

    Celeste

  5. #5
    Join Date
    Oct 2006
    Location
    perth
    Posts
    196

    Default

    Hi all

    It said it had uploaded the file, It wasn't to big ?????????

    if you send me your email address I will email you a copy.

    Celeste

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