Fence dispute

[janice]

I have already constructed a fence with my neighbour 18 months ago now they want to extend it!We reached an agreement then on where it was to finish and why we should leave the rest unfenced-access issues. Now we are being taken to court. Also we never received a written notice to fence just 2 quotes. Can any one give be some advice?

[Sturdee]

I have already constructed a fence with my neighbour 18 months ago now they want to extend it!We reached an agreement then on where it was to finish and why we should leave the rest unfenced-access issues. Now we are being taken to court. Also we never received a written notice to fence just 2 quotes. Can any one give be some advice?

Your neighbour is within his rights to have the boundary fence along the whole of the fence line unless the agreement you reached with your neighbour regarding the unfinished part and access was written down in a proper deed of agreement between you and your neighbour.

If you check the fencing quotes you received you may find in the small print , probably on the back, a proper notice to fence. Most fencing contractors have that on their quotes.

So it seems that in the absence of a deed of agreement you failed to act on the fencing notices, hence your neighbour is taking you to Court. Don't think much of your chances to stop the fence so discuss it with your neighbour to see if you can still come to an acceptable agreement before it goes to far.

Fencing issues have come up regularly so a search might be usefull.

Peter.

[Rossluck]

I might just add to what Peter said, Janice, to say that these fencing disputes often turn nasty. There's more to your story. Something's happened leading up to this and the fence has become the point of focus.

My sister went through a similar hell and now she checks out the window to make sure the neighbours aren't around before she hangs out the clothes.

It's just not worth it. Just talk to them and try and agree on a price and go ahead with it on "goodish" terms. Even if you don't like them.

[weisyboy]

you are legaly requirewd to pay half of teh price of a a standard fence. a standard fence is what is common in your area.

that is if everyone has a 4 plane wire fence and your neibour wants a brick wall you should only have to pay for half of a wire fence. and tehy pay the rest.

on some jobs i have done there has been sutch tention between people about fences that it made it hard to build the fence as its never quite right.

one we did the one bloke was paying for the whole this thats right the ohter bloke was getting a free sawn post and rail fence to replace the rotted off old splits and barb. we were not allowed to cross the boundry line. the dirt from teh holes went half on next door. teh bloke shoveld it back intot eh holes over night.

[dazzler]

There's more to your story.

Thats what I was thinking!

[warrick]

This site may help

http://www.fencingonline.com.au/disp...isputes-01.htm


Warrick

[janice]

Your neighbour is within his rights to have the boundary fence along the whole of the fence line unless the agreement you reached with your neighbour regarding the unfinished part and access was written down in a proper deed of agreement between you and your neighbour.

If you check the fencing quotes you received you may find in the small print , probably on the back, a proper notice to fence. Most fencing contractors have that on their quotes.

So it seems that in the absence of a deed of agreement you failed to act on the fencing notices, hence your neighbour is taking you to Court. Don't think much of your chances to stop the fence so discuss it with your neighbour to see if you can still come to an acceptable agreement before it goes to far.

Fencing issues have come up regularly so a search might be usefull.

Peter.

Thanks for your input. Why does the agreement have to be written?Act doesn't stipulate this.P.S Definitely no notice given just quotes.

[weisyboy]

in most sircomstances quotes are good enough for notiforcation.

no writen agreement is needed.

[Sturdee]

Thanks for your input. Why does the agreement have to be written?Act doesn't stipulate this.

The agreement to leave part of the fence unbuilt to help with your access should be in writing for how can you prove a verbal agreement in court? Don't forget that the onus of proof will rest with you.

It will always be your word against the word of the neighbour unless you have witnesses and even if you can prove it, what is to say that it was to be an eternal binding agreement. The neighbour could easily argue that the situation was to be a short term agreement to temporary assist you and that the situation is now changed. Or that later discussions rescinded it.

The whole verbal agreement area is a minefield, remember the old saying that a verbal agreement isn't worth the paper it's written upon.

Peter.

[janice]

The agreement to leave part of the fence unbuilt to help with your access should be in writing for how can you prove a verbal agreement in court? Don't forget that the onus of proof will rest with you.

It will always be your word against the word of the neighbour unless you have witnesses and even if you can prove it, what is to say that it was to be an eternal binding agreement. The neighbour could easily argue that the situation was to be a short term agreement to temporary assist you and that the situation is now changed. Or that later discussions rescinded it.

The whole verbal agreement area is a minefield, remember the old saying that a verbal agreement isn't worth the paper it's written upon.

Peter.

Thanks again, I'll let you know how it pans out.

[janice]

Well round 1 in court has answered my question about no notice to fence. Claim was thrown out. A notice to fence is mandatory. Fortunately my neighbours are not smart people.

[Skew ChiDAMN!!]

Thanks for letting us know how it turned out, Janice.

All too often with this sort of question we're left wondering...