Fencing Laws W.A

[chromis]

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?

[Stuart]

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.

[Sturdee]

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.

[celeste]

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

[celeste]

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