Neighbour Has Removed Portion of Fence - Need Some Advice

drisbel on 23/06/2016 - 19:05
Last edited 23/06/2016 - 19:05

Hey all,

I'll try keep this as short as possible, i'm just looking for some advice as I'm new to all this and not sure what's meant to happen.

My fiance and I are currently building our first home in a new estate in VIC. As part of our land contract, our developer installed rear fences to every property in the estate. Our neighbour behind us (we have a corner block, their property runs in the other direction to ours and hence our rear fence is their side fence) has removed a large section of our rear fence without telling us anything.
I've had to call the builders who are working on the site to find out what's going on, they've told me the owner cut it down himself as he is planning on building a wall there and needed the access (the builder was very vague). He said the owner would fix it once all works were complete.

We're a little annoyed they didn't even attempt to contact us first before pulling part of our fence down. Basically now we're just concerned that they are going to try tell us later on that we need to contribute to fix the fence (we definitely won't be, and we want it back in the condition it was in). I know the builder told us the owner said they'll fix it, but you can't trust everyone's word..

Should i be concerned about this and get on top of it now or just leave them be and hope they'll sort it out as they've said they would? I was thinking of contacting the builder to try and get something in writing from the land owner confirming that they will cover all works and costs and not make us pay anything for it, but i don't want to cause any tensions with our new neighbours as we will be living with them soon.

What do you guys think?

Dan

Home & Garden

Comments

  • resisting the urge on 23/06/2016 - 19:23
    +1

    Just note it all down and take pictures, in case you need to write a letter later. The owner is probably a builder (or think they are) and that you have not moved in, or since the fence is new that it can all be done pronto without upsetting anyone.

    Fences are seldom a problem legally. Perhaps what the owner is building on the boundary should be of more concern(?), will the foundations they are putting in be set appropriately far a wall set back according to the local regulations/and/or their relevant building approval?

  • bluesky on 23/06/2016 - 20:43

    Think you should contact the owner, via the builder, and express your concerns, and get assurance that it will be restored to how it was. Even if it is not in writing (understand what you mean about having to live as neighbours, so don't want to come across as so hard-nosed). At least, it will ease your mind about the issue.

    Hopefully, the owner also will not want to cause tensions with a future neighbour, by not carrying through what he promises to do later (assuming he does indeed give you assurance of restoring the fence).

  • robbyjones on 23/06/2016 - 20:50
    +5

    In addition to the suggestions above perhaps contact the council and get their input. I am fairly sure that a boundary fence shouldn't be removed without your consent regardless of the need of access.

    • drisbel on 23/06/2016 - 22:29

      Yeah I think I might do that. Thanks!

  • GnarlyKnuckles on 23/06/2016 - 22:07
    +2

    Regardless of what you end up doing, one thing I'd advise against is ending up with a situation where you have a wooden paling fence along the shared boundary, and set back about 4-6 inches from that fence, the neighbour builds a structure (I'm guessing he's going to put a garage/big shed there, or a bungalow-type-thing).

    This situation ultimately becomes a perpetual nightmare (for you, not so much for them), because invariably some form of noxious weed/creeper (think ivy, etc.) takes root in that gap, and it cannot be accessed, to be eliminated. So it will be a headache for you, basically forever, removing it multiple times a year as it grows up and over the top. If the seed of a tree gets into that gap, it is also quite a headache removing the 'sappling', due to a lack of access to the ground. Remember none of this will be a problem for the neighbour, because he will see none of it.

    This may be something your neighbour has considered. I believe in Victoria the rule is something like, if one neighbour builds a 'permanent structure' on their side that is within 50 cm of the boundary line, then the wall of that structure BECOMES the official 'shared fence' for all intents and purposes relating to mutual obligations.

    Sooo, be a bit careful (or cunning?) re what you agree to, and what you 'demand'. If it was me, I would tell the neighbour that I am happy for them to build a 'permanent structure' there, as long as they do it at least 30 cm back from the property line, and no more than 50 cm; to ensure that no part of the structure will encroach on your property (or over-hang it), but also the wall of it can function as the 'legally shared' fence. Also, insist that they block off the ends with a tiny bit of fencing that matches either their 'wall' or the fence that remains on your side. Having the 30 to 50-cm 'buffer' will also allow you to erect any kind of fence you'd like to subsequently, should you decide to.

    The MAIN advice I have is that whatever happens, make sure you don't up in a situation where you have a low-ish wood/paling fence on your side, and a few inches back from it the neighbour has a permanent, taller wall (think brick bungalow/tin-shed/etc.) on their side. Because that will be a perpetual nightmare for you forever after, for the reasons I described in the second paragraph of this post.

    • drisbel on 23/06/2016 - 22:34

      Just from looking at their block, it does look like its going to be their garage that's being built there, as their driveway/crossover is on that side of their property. Just seems weird they'd have to pull the fence down though. Even when I mentioned the situation to our builder they bound it strange that the fence would be pulled down, they didn't think it was necessary.
      I think I'll contact the council, alert them and just try keep an eye on what they're doing.

      • GnarlyKnuckles on 23/06/2016 - 22:42
        +1

        If that is the case, then I think the main thing you need to know is whether it is their intention to:

        A. Build a garage with its wall RIGHT ON the shared boundary-line.

        OR

        B. Build a garage 'near' the boundary-line, and replace the wooden fence that was there.

        If their intention is A, then you can definitely insist on a few things/they cannot just 'impose' this change to YOUR property on you, without any consultation. For example, you would be within your rights to insist that they paid to make the 'joins' between the original fence and their new structure look nice/professional/etc., on your side.

        • drisbel on 23/06/2016 - 22:48

          Hmm thanks for that, that actually sums it up pretty well. If they doing your option B and building near our fence then replacing the fence, there's no way we should be contributing anything for that fence to be replaced right?
          And yes, if option A will definitely be kicking up a stink.

        • GnarlyKnuckles on 23/06/2016 - 23:03
          +1

          @drisbel:
          Re option B, yes you're absolutely right; no way you should contribute anything, and nor should you even be inconvenienced in any way. I.e. you could tell them the date you plan to move in, and insist that the fence has been restored by that date.

          Re option A, if that is what they are planning, maybe before 'kicking up a stink' find out exactly what they are planning to build there. If it is actually a type of wall that you would PREFER over a standard wooden-paling fence (for example, a moderate-height brick wall that does not obscure any view or light that you previously enjoyed), then maybe it could be a bonus for you. Increased privacy afforded by the increased height, better noise blocking than a paling fence (which basically provides none), you could (legally) paint it whatever colour you like on your side, etc.; and of course they will be the ones paying to build it.

        • drisbel on 23/06/2016 - 23:07

          @GnarlyKnuckles: yes very good point there. I'll keep all that in mind. Definitely need to sus out what they're planning first though!
          Thanks for all your input, it's very much appreciated and has been a great help!

  • chumlee on 23/06/2016 - 22:20
    +1

    This has a whole section on fencing disputes

    http://www.lawhandbook.org.au/

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