Fence Dispute! Yay!

Jnr202 on 09/09/2016 - 17:49
Last edited 13/09/2016 - 14:53

So long story short, needed a new back boundary fence, made an agreement with the neighbour, who is a landlord to get it replaced and pay half each. I had a survey done and told him the fence needed to be move slightly, 200mm which he agreed. all verbal agreements.

So he paid 50% of his half share =25% of total, and i was there when the work was done so i paid my full total at the end of the job. Now the neighbor is refusing to pay his remaining share, 25% of the total. He is stating he never agreed to the fence being moved.

The fencer has now asked me to pay the remainder otherwise the neighbor has given him approval to enter his property to remove 25% of the fence (unpaid section)

What can be done? at worst i pay it, but i really just want to stick it to my p***k of a neighbor.

Thanks in advance.

So just an update, I've managed to make a deal with the fencer to pay $200 and close the issue with him. As the neighbour was happy to have a portion of the fence remove because his beef is more that I didn't tell him it was going to be moved to mirror the result of the survey.
The fencer showed me the email from the neighbour stating that legal advice has told him not to pay outstanding balance and that he will be pursuing legal advice to have the fence moved back.

So anyone have anyone try to claim adverse possession against them. In my eyes he would have to have a survey done on his land which would now include the current fence, not the old one. As long as the new is in the right spot, he can't do much can he?

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Comments

  • Savas on 09/09/2016 - 17:59
    +4

    Great to see some enthusiasm. Let the fencer rip out the fence, it is more work for him.

    Also hope the twins are coming along nicely

    • Jnr202 on 09/09/2016 - 18:03
      +7

      Ha, i did think that, but he did a good job and i want him to come back when our unit is built to put in more fencing. Yea the twins are tracking along nicely..We are getting a boy and a girl so the best of both worlds.

      • Savas on 09/09/2016 - 18:04
        +2

        Congratulations!

        • Jnr202 on 09/09/2016 - 18:07
          +3

          Thanks!! keeping my eye out for pram bargains, those twin prams are expensive!!!

        • airzone on 10/09/2016 - 00:58
          +5

          @Jnr202: Do what a mate of mine did.. Buy 2 single prams on special, then a week into it realise that it's not practical and then get rid of them and buy a new double.. lol

        • Nugs on 10/09/2016 - 07:52
          +9

          @airzone:

          join them with zip ties

        • StewBalls on 10/09/2016 - 08:48
          +2

          @sandp: Some friends of mine did this too, it worked surprisingly well! They did have to stick some spacers between so the wheels tracked fine, but other than that no dramas. :)

      • [Deactivated] on 11/09/2016 - 18:49

        Congrats on twins.

      • asianbargain on 12/09/2016 - 10:56
        -1

        Congratulate.. i wish i have twin too… finger cross

    • PVA on 10/09/2016 - 18:16
      +5

      its not the fencers fault one party has refused to pay.

  • Kenb0 on 09/09/2016 - 18:15
    +13

    If the fence was moved 200mm in your favour, then just pay the remainder and enjoy the extra land?

    • Jnr202 on 09/09/2016 - 18:21
      +5

      Yes, it was in my favour, i think I'll work something out with the fencer and pay him. I dont like giving the neighbor the satisfaction of making me pay..i did gain 4sqm though so cant complain.

  • chumlee on 09/09/2016 - 18:23
    +2

    Maybe your neighbour will claim adverse possession so don't get to excited about the extra land yet

    • Jnr202 on 09/09/2016 - 18:25
      +2

      That is my thinking. I have spoken to land victoria and our surveyor about it. they both said now that the old fence is gone, its almost impossible to claim adverse possession as the fence is gone. if he did it would get ugly as we had a verbal agreement.

      • ATD on 10/09/2016 - 08:12
        +1

        The neighbour would have buckley's chance with an adverse possession claim. Such a claim requires such a narrow set of circumstances its almost unheard of today. If the fence was originally wrongly located, simply a matter of encroachment that wouldn't trigger AP.

        • Storeseconds on 10/09/2016 - 13:51
          +1

          Actually that is the cause of adverse possession - in WA at least if your neighbour has had use of your property for more than 12 years by the fact the fence is in the wrong spot then they are entitled to make an adverse possession claim - and it happens fairly often. However it will be difficult to prove where the fence was since 75% of it has been removed as i understand it.

          Your surveyor should have issued you a repeg certificate after he put the pegs in which is a legal document - so it doesn't matter if the neighbour didn't agree to moving the fence because you have legal paper work telling him that the boundary line is where the pegs in the ground are.

          Boundary lines tend to drift over the years especially in old areas (pre 90s) when the survey infrastructure which references the boundary was established with fairly rudimentary equipment so it is not uncommon for a surveyor to put pegs in the ground which don't correlate with a fence line.

        • cheesecactus on 10/09/2016 - 14:58

          @Storeseconds:

          Heck, I wish it was that easy. Im in WA. City of Nedlands dont play ball.

          All 10 houses have all encroached into a right-of-way lane over the past century. All our boundaries are lined up evenly. Now if anyone wants to break a wall down they have to move the wall in a meter when they rebuild. Real annoying.

          Or does adverse possession not apply to council land?

        • Storeseconds on 10/09/2016 - 15:35

          @cheesecactus: Yes that is true, you cannot claim crown land through adverse possession in WA

        • ATD on 10/09/2016 - 18:14

          @Storeseconds:

          Actually, it is just 'part' of the equation. There is a list of elements that have to be met to be successful in AP. You noted time, that is another one (biggest one actually). But others include that the adverse possession must be known to the registered owner for that period. The possessor actively stops the owner from entering (yes the fence is an indicator but not the be all) and usually requires to be hostile as opposed to passive. Possession hasn't been consented to by the owner (major failure for AP claims). The owner has failed to take steps to remove the AP. There is no change of ownership in the property (goes towards continuity).

          Also, one of the elements to consider (actually a big one) is the payment of rates etc, which isn't going to happen for part of a lot. Then you get into more specific circumstances where there are encumbrances on the property. Also if mortgaged, you need the consent of the mortgagee.

          Each case has its own peculiar circumstances and you can't just rubber stamp an AP claim simply because someone has built a fence. I'm not really convinced its an often occurrence in WA in the present day as you say, while there remains provisions for AP in each State, its more a historical novelty taught in property classes and reality is you might see a case in Australia once every few years at best. You have to remember AP is an exception to indefeasible title, not an absolute right and a lot easier said then done.

        • Storeseconds on 11/09/2016 - 14:29

          @ATD: I work at a surveying firm and we deal with about 1-2 a year in terms of surveying the encroachments and preparing the sketch to accompany the application, but i am aware it usually takes a couple of years to go from application to completion and you have to pay a lawyer a fair amount of money in the process which would be prohibitive to a lot of people.

  • MrFrugalSpend on 09/09/2016 - 18:24
    +3

    If the fencer is actually happy to remove the remainder of fence, you may actually have advantage in him doing so (in a fashion that it easy to reinstate).
    Have him remove it, then give your neighbour a formal notice to fence in writing.
    Not having a fence gives you a right to 50% of the remaining 25%!!

    • Jnr202 on 09/09/2016 - 18:27
      +1

      Yea its an option. but a notice to fence would be ignored by the neighbor, then id have to pay and go to court to try and claim costs. probably not worth the effort.

      • Kangal on 09/09/2016 - 19:21
        +4

        You know what I think is worth a shot.

        Get the fencing company to send out a Debt Recovery agent in name of your neighbour about the 25% remainder.
        Your neighbour won't really have much choice.
        And I'm sure the fencing guys would understand you, and probably been in a similar position before.
        Hell, the fencing guys might be able to give you advice on how to proceed…
        …it's their money anyway, so they definitely would want to resolve this as quickly as possible.

  • bluesky on 09/09/2016 - 18:28
    +2

    Can you contact the council? I think he may not have a leg to stand on for refusing payment, on the grounds he disagreed to fence being moved. If the survey shows that the new boundary is in fact the proper boundary.

    • Jnr202 on 09/09/2016 - 18:30
      +3

      pretty sure councils dont get involved with fence disputes anymore.

  • MrFrugalSpend on 09/09/2016 - 18:29
    +4

    You are a shoe in to get this money because the initial deposit of 25% is evidence of the agreement.

    Questions:
    1 - Was the fence moved to align with the real surveyed property boundary? (if it was in your favour or not is largely irrelevant).
    2 - What state are you in? This is state-based legislation (most with deliberate low-cost dispute resolution provisions).

    • Jnr202 on 09/09/2016 - 18:32
      +1

      shoe in to get what money?
      1) fence was move to align it with the result of the survey done, required for our planning permit. it was 200-250mm in our favour.
      20 victoria

      • MrFrugalSpend on 09/09/2016 - 18:55
        +2

        … The balance money from the neighbour.

        There is evidence he agreed to the new fence as he paid a deposit, generally he is obliged to pay half so that works in your favour too. Therefore the dispute is about where the fencer put the fence - you have a survey, so you can give him a formal boundary survey notice (and possibly claim half the cost of the surveyor to prove its correct as well)!

        However, as chumlee said, if its been in the wrong place for 15 years he may be able to make a claim for adverse possession (PS - If he hasn't owned it for 15 years, and you've lived there longer, maybe tell him you agreed to let the previous owner use the land and not move the fence it until it needed re-fencing!! :p )

        Have a look through these:

        http://www.disputes.vic.gov.au/know-your-rights-0

        http://www.parliament.vic.gov.au/archive/lawreform/inquiries…

        http://www.justice.vic.gov.au/home/justice+system/laws+and+r…

        http://www.lawhandbook.org.au/06_04_05_fences/

        If it helps, it seems in some cases the landlord neighbour he may be able to claim part of the cost from the tenant also (presuming long-term lease).

        • [Deactivated] on 11/09/2016 - 18:36

          Agreed, pay the fence guy, and take the neighbour to VCAT is the best option

  • Zachary on 09/09/2016 - 18:29
    +2

    Next time write in on a piece of paper of said agreement and make him sign it and then when he backs out of it, show him the same piece of paper with his own signature and say "I knew this would happen, which is why I have this…" And then he would either take the piece off you and rip it in half or be held back a bit by your sudden presentation of paper and either gruntly accepting to pay the remainder or still simply refuse possibly stating "Oh that can't be my signature, it's forged!" or "That's not my signature, this is what my signature looks like" and then he would go about writing it on for you to see or something…

    Actually should laminate the piece of paper once his signed it so he can't rip it with his own hands unless his one of those people with strong arms that can rip two 1000 page phone books that's laced up together, each and individual page is interlaced with the other book….

    • Jnr202 on 09/09/2016 - 18:33
      +7

      haha, i was stupid to do it as a verbal agreement. its a bloody fence, it should just be an easy thing..this world has gone to the dogs.

      • altomic on 09/09/2016 - 18:34
        +1

        his world has gone to the dogs.

        VCAT

    • No ONE on 11/09/2016 - 13:34
      +2

      Why laminate? Make a photocopy and show or provide the photocopy and keep the original safe. Is that too hard?

  • altomic on 09/09/2016 - 18:34
    +1

    VCAT.

    provide evidence of the fence being moved to the position your title says it should be.

  • stratbargain on 09/09/2016 - 18:35
    +1

    I'd send both the fencer and the neighbour a copy of the survey. In writing advise the fencer that the remaining 25% is between him and your neighbour.
    I'd also send the invoice for the surveyor to your neighbour and request half the cost of the surveyer to be paid :)

    Make sure you get pictures of the fence so if he does pull it down you can prove your neighbour damaged/removed a perfectly good fence when it goes to arbitration

    • Jnr202 on 09/09/2016 - 18:38
      +2

      Thats an option. i was told by our surveyor to keep the survey to myself as giving it to them would provide evidence of where the fence use to be and try and claim adverse possession.

      • Slippery Fish on 12/09/2016 - 09:58
        +1

        Just pay it, you like the tradesman.

        Once you have paid it start putting prawn paste under the wheel wells of the neighbours car weekly.

        Pour urine into the aircon air intake ect, can be bought from garden shop (fox ect)

        Spray milk/blue cheese mix on their foot path, will make it go mouldy lol

        Accidently get a water pistol with round up and spray over his fence to make patterns in the lawn.

        Lots of ways to pay him back lol

  • chumlee on 09/09/2016 - 18:36
    +2

    Fitzroy legal handbook has a whole chapter on fencing disputes. Best to start here.

  • Name on 09/09/2016 - 20:23

    How much is 25%?

    • Peanut money on 09/09/2016 - 20:33
      +36

      1/4

      • Zachary on 10/09/2016 - 00:27

        I think he meant what the 25% of the price was, not what its equivalent form is……

        • Nillionaire on 10/09/2016 - 15:38
          +3

          I think Peanut knows that and is just messing around….

    • niner on 09/09/2016 - 23:14
      +5

      0.25

  • Baysew on 09/09/2016 - 20:44
    +1

    The Fences Act contains rules about who pays for a dividing fence, the type of fence to be built, notices that neighbours need to give one another and how to resolve disputes that come up when discussing fencing works with your neighbour.

    Site Link

  • [Deactivated] on 09/09/2016 - 22:51
    +1

    Fences are an interesting moral issue. My father had an old rear fence and the neighbours acted surprisingly friendly and suggested they share costs of a new fence. Their whole agenda was to proceed with an unmentioned new three packed townhouse development and sneaky trenches on their side to cut/test roots of an established tree. As a general rule, I would be privately cynical of any new fence as often they have a self serving motive. If costs are split 50/50, I would make sure I was the active participant and not the passive one, as even small details such as direction favour one side over the other.

    • [Deactivated] on 11/09/2016 - 22:20
      +1

      I feel that the whole idea of splitting costs is based on putting up the initial fence. If I wanted to improve an existing fence, why should I get the neighbour to pay half?

  • altomic on 10/09/2016 - 00:39
    +7

    bikies

    • hckr on 12/09/2016 - 15:35

      I was surprised no one had mentioned bikes yet :D

  • theguru1 on 10/09/2016 - 07:17
    +4

    Unless it is a massive amount just pay the 25% and move on with your life.
    I sure the fencer also doesn't want to be embroiled in your tiff with the neighbour.

    I am a little surprised the fencer didn't require you both to sign the quote before proceeding. I am involved in a number of refencing jobs and it is the usual practice.

    • shaybisc on 10/09/2016 - 07:40
      +8

      "I am a little surprised the fencer didn't require you both to sign the quote before proceeding. I am involved in a number of refencing jobs and it is the usual practice."

      Elegant solution to all this type of palaver- two thumbs up.

      • StewBalls on 10/09/2016 - 08:50
        +4

        +1 for the use of the word palaver! :)

        I'm with theguru1 on this, pay the fencer since he's done the job as agreed in good faith. Then either move on; or if you do indeed want to stick it to your neighbour purely on principle (which I can't fault), send him a letter of demand & take him to small claims court for the outstanding balance. Which way you go depends on how much time you have on your hands.

  • [Deactivated] on 10/09/2016 - 09:29
    -6

    Why bother moving the fence though?

    It isn't really going to improve the resale value of your land.

    I know for certain that my neighbour has built a shed on my land and then fenced around it. I had the police around but they couldn't do anything about it because the neighbour was a multi-millionaire.

    There is not much I can do and from an aerial survey you can clearly see it…

    When you purchase or sell property, I recall, it is usually done via the lot value from LPI. Not just a random value, so it isn't like the extra or less land would have attracted any changes in the resale value of your property.

    Just hope your neighbour doesn't go and get a new land survey done which shows you are in the wrong. You'll have to move it again.

    • StewBalls on 10/09/2016 - 09:43
      +3

      So much misinformation there buddy, you really need to speak to a property lawyer or decent conveyancer to find out how this stuff really works…I actually can't believe you called the cops, let alone managed to get them there for that!!! :o

    • ATD on 10/09/2016 - 12:14
      +1

      Have to agree with stewballs, what you've said is quite wrong. If a set of circumstances starts ticking the boxes for adverse possession, your's does. I would suggest your neighbour is waiting for the time to do an AP application which would appear has the money for and more than likely got some advice on it already. Going to be a problem for you when time to sell as a buyer won't really be interested in acquiring the problem. There are plenty of options you could consider, but sounds like you don't want to spend the $ to get the advice. First thing you will want to do is get a surveyor in and get it on paper. If you don't want to spend money, report it to Council as there is probably a breach of local building code regarding how close one can build to a boundary. Would be best to know that first, so you would approach Council saying you are thinking about building a shed (same size as your neighbour) on your boundary line and what limitations exist. After you get the info and check it, ring back another day and inquiring about the process to file a complaint. Then your neighbour can fight with Council and costs you nothing but some of your time. This could then have your neighbour approach you with a proposal for a boundary realignment and what $ you may want in compesation for losing the land as his only option is to remove the shed and the fencing and the cost he will incur with that.

      • Jnr202 on 10/09/2016 - 18:16

        already paid for a surveyor to come out $2750. he confirmed the fence was out of line in our favour.I told the neighbor about it and he accepted the change until the bill came along.

        • ATD on 10/09/2016 - 18:29
          +1

          My reply was directed to GreenDeerling, not your circumstances.

          I agree with others if you want to take this up you will need to take it to VCAT. Seems the contract was between you and the fence builder, if so, you may just have to pony up the money as he is limited to contractual restraints in recovery.

          What you need to check first is the procedure for neighbours to contribute to costs of fencing and any provision which excludes your right to recover from a neighbour. For example, in Qld the Neighbourhood Dispute (Dividing Fences and Trees) Act requires a certain process to occur to allow you to recover costs from an adjoining neighbour - building the fence and then seeking to be reimbursed doesn't work.

          Also agree with others that the payment of the 25% by the neighbour indicates consent and acceptance to the new fence, but he/she may argue that it was agreed only to pay 1/4. The surveyor cost may be a bit of a grey area in recovering half, depends on the circumstances and what admissions they may make.

          To be honest, once you knew and could prove the fence was on your land, you had every right to rip it down and then go through the process demanding the neighbour contribute to 50% to build a boundary fence.

        • garetz on 11/09/2016 - 22:11

          If you paid that much already for a surveyor, just bite the bullet and pay the rest, then put the amount owed to a debt recovery agency yourself, costs you nothing if they dont recover the debt additionally, but if the neighbor doesnt pay destroys their credit rating.

    • DarkOz on 10/09/2016 - 13:04

      It's the local Council that you should have contacted not the Police. Not sure why the Police reponded to your call unless your neighbour knocked down your shed to build theirs.

  • garetz on 10/09/2016 - 14:24
    -2

    To me, from a 3rd party perspective, i dont think this has anything to do with you. You hired the fencer, with the agreement that you would pay 50% and your neighbor would pay 50% of the cost of the fence. Now the neighbor paid 25% to the fencer, and you paid 50% to the fencer. So the issue is between the fencer and your neighbor, and really has nothing to do with you at all. The fencer should simply do a small claims against the neighbor, then put it to debt recovery, if the neighbor refuses to pay then it will destroy their credit rating.

    • Jnr202 on 10/09/2016 - 18:18

      The fencer said he doesnt bother with that. He just comes and reclaims the fence. the neighbour who is unhappy about the fence anyway has given the fencer approval to enter his land to remove it

  • outlander on 10/09/2016 - 15:04
    +1

    Challenge him to a dual. 2 by 4's at dawn.

    • ATD on 10/09/2016 - 18:32
      +10

      As in a fencing duel perhaps?

  • harley on 10/09/2016 - 15:24

    Another option is to tell him that without that 25% fence, his tenants can issue a breach of duty notice and he can be up for a residential tenancy claim for compensation (or he could even lose his tenants). Better if the tenants or rea is on your side. If I was a tenant I wouldn't want to live in an 'unsecured' property. Or pay the rest and issue a complaint in the Magistrates' court and claim legal cost and interest - get a judgement against him which will affect his credit record for 5 years and allow you to seize and sell his property etc: this is assuming you've legally complied with the notice to fence requirements & can be bothered with the inconvenience v cost. Or as one of the above poster suggest, get the fencer to issue in VCAT and then convert to a Mag order.

  • PVA on 10/09/2016 - 18:21
    +2

    is the fencers contract with you or you and the neighbour?

    • JimB on 10/09/2016 - 19:07
      +2

      Each party has their own contract with the fencer.

  • Name on 10/09/2016 - 18:40
    +2

    Sounds a bit like the fencer and your neighbour is playing chicken. I doubt the fencer would bother coming back to rip up 25% of the fence. Besides I think there is a law in that regard (no links) just a story I heard that a tiler didn't get paid so he went in and smashed all the tiles he laid, he then got charged for vandalism. I'd imagine if that anecdote holds true, the fencer could be charged with theft.

    You could just join in the game and say it's the neighbours 25% outstanding and you refuse to pay and you don't give permission to rip up the fence. See where it goes. Just don't cave..

    My question about the 25% above that had a hilarious response was because if this 25% is a grand or something small, I'd just wear it and be done with it, if it was 5k I'd fight harder.

  • JimB on 10/09/2016 - 19:05
    +1

    I'd pay it to reclaim the extra 4sqm.

    My land cost me about $2k a sqm so no small change.

    Oh, I'd also pour rapid set contrete into their storm water system in the following summer, wouldn't do it too soon as the landlord will put 2 and 2 together.

    I'm an very reasonable neighbour but don't have time for a-holes.

  • BertieBrown on 10/09/2016 - 21:22
    +1

    Would the fence installer be losing money by coming back and physically removing 25% of the fence?

    Also, rear neighbor sounds like an absolute dick.

  • Typical16-bitEnjoyer on 10/09/2016 - 22:37
    +7

    I'm on the fence about this.

    • StewBalls on 10/09/2016 - 22:48
      +5

      Sounds like you have boundary issues.

    • kiitos on 10/09/2016 - 23:06
      +5

      That joke was absolutely a-paling.

    • FittyFitty on 10/09/2016 - 23:36
      +5

      Borderline funny stuff…

      • StewBalls on 12/09/2016 - 12:48
        +3

        Deserves its own post…

    • hell0 on 11/09/2016 - 11:34
      +6

      How come there are always people making light of these situation. This behaviour is beyond the pale!

      Lattice remember there are two meighbours in this situation that may never become good friends if this doesn't get sorted out.

      I urge you to all consider that Neighbours, everybody needs good neighbours
      With a little understanding, you can find the perfect blend
      Neighbours, should be there for one another
      That's when good neighbours become good friends

      Neighbours, everybody needs good neighbours
      Just a friendly wave each morning, helps to make a better day
      Neighbours, need to get to know each other
      Next door is only a footstep away

      Neighbours, everybody needs good neighbours
      With a little understanding, you can find the perfect blend
      Neighbours, should be there for one another
      That's when good neighbours become good friends

      Neighbours, should be there for one another
      That's when good neighbours become good friends
      That's when good neighbours become good friends

  • dr on 10/09/2016 - 23:20
    +3

    ASAP Buy/get 2 dogs keep them unleashed in your backyard. You can also buy half a dozen chooks. Then tell fencer to remove the portion of the fence, sit back pour a cold beer and enjoy…

    P.S. Give dogs a treat every time they do Nr. 2 on the other side of the fence ;-)

  • Bnjam3 on 11/09/2016 - 01:58

    I would pay the rest of the money and never complain if the neighbor is good and not noisy. Money is worth nothing if you cant have a nice sleep.

    • chriskq on 12/09/2016 - 09:37

      neighbour is a landlord, therefore the neighbours may change ll the time

  • Wallyt99 on 11/09/2016 - 06:47

    He cant claim AP anymore because hes not in posession anymore. Its the most basic lawof AP (being the P in AP).

  • theguru1 on 11/09/2016 - 08:34

    I wonder which part of the fence the fencer thinks he can remove. You both have half ownership and you have paid for your share in a written contract.
    Which part hasn't been paid for? Is he going to split the the fence lengthwise and remove a part of the defaulting neighbours side, which seems impossible.

  • cantstanzya on 11/09/2016 - 09:27
    +1

    Just pay the rest. If you plan on living there for a while it's going to be money well spent on avoiding years of petty tit for tat battles with the (profanity).

    • tryagain on 11/09/2016 - 13:52

      Or the neighbour then decides he can get away with whatever he wants.

      • cantstanzya on 11/09/2016 - 16:42

        He gets away with it because op thought he was a man of his word.

  • Spending2Much on 11/09/2016 - 14:53

    I'm about to start dealing with a dividing fence issue.
    Suburban house, our fence was getting pretty tatty between ours and the neighbours right next door. Both old house, though in past year, we've fully renovated ours and tried hard to make it a family home
    The cars up on blocks on front lawn, the 3 foot tall unmown grass out back, old refrigerators chucked out back and the 44 gallon drums of constantly burning rubbish in the neighbours yard, the over flowing weeds in the gutters, and unrepaired smashed window, is rather a stark contrast.(the garden hose hanging out the bedroom window gives me another impression, but I have no proof)
    We'd had some brief chat some time ago about replacing the fence and neighbour, couple young guys, said yeah, no worries. But nothing more.
    Then Thursday, big storm and fence gets blown over…. It's a wooden fence so would likely be replace with new colourbond or such.
    I phoned insurance company, got them to do a "make safe" on the fence line and they sent a contractor to errect some commercial style barricade in a temporary position.
    I try to chat the young boys next door, as the big black dog they have frightens our 12 year old daughter. I'm not met with much ….let's say, cooperation.
    I then find out it's not their house, but rented…..I'm like wtf. Given the state of the house/yard etc
    And then later find out, apparently its rented through one of the boys father…….

    I can just see this turning into crap fight over getting the fence repaired and/or replaced.
    Insuranxe only pay 50% of what the assessor agrees is the price, and there's nothing further from them.
    Monday I plan to present them with a letter asking them to sign to agree to pay half of one of the 3 quotes I'm getting Monday from fencing company.
    I don't know their fathers name or owners name and can't see them being too co-operative if it's likely to cost them money.
    I need to do things in due process to cover myself, but I'm already not looking fwd to the struggle ahead over this fence….
    I can just seen this turning into a costly or lengthy saga.

    • bluesky on 11/09/2016 - 15:16
      +2

      Wish you all the best in this.

    • stratbargain on 11/09/2016 - 15:48
      +7

      If it's a rental you should contact the council and they will send you landlord details. Then send the request in writing to them directly (registered post). I wouldn't give it to the tenants, regardless of their relationship with the owner.

    • shaybisc on 12/09/2016 - 08:09
      +1

      There is plenty of useful, plain English legal advice on what to do out there.

      Here is SA advice: http://www.lawhandbook.sa.gov.au/ch31s02s01.php

      And NSW advice: http://www.legalanswers.sl.nsw.gov.au/guides/neighbours/fenc…

      The first thing I would do is find the relevant fencing Act and read it, then find the relevant advice govt advice, like the above.

      • Spending2Much on 12/09/2016 - 11:35

        Local council, (WA) has a booklet outlined on fencing disputes and course of action…..
        Looks like going to be a long process and I need to do everything by the booklet SS any legal disputes hope to be avoided.

        Unfortunately, co operation from neighbours is essential in anything to do with the dividing fence…..which may not be that easy.

  • bassmaniac69 on 11/09/2016 - 21:58
    +6

    Good luck OP, I always read these fence posts (lol) and worry about it as I have 5 different neighbors on my property boundry… :(

  • gstfree on 13/09/2016 - 08:42

    It's always a good idea to keep okay relationship with neighbours. If you can afford to pay his 25% share, pay it first and deliver a money request together with your agreement by registered mail. You don't expect him to pay, but he knows he owe you money.

    Lesson learnt:
    Next time have everything in writing.
    Let the fenceman approach the neighbour and invoice the neighbour directly. So you only liable 50% and neighbour's non payment has nothing to do with you.

    • Jnr202 on 13/09/2016 - 14:57

      I know I should have got it in writing, thought a simple fence could be organised by people based on their word. Very wrong. I'm not liable for the neighbours half of the bill but the fencer will remove a portion of the fence if not paid and the neighbour doesn't want to pay. I don't want the fence to be incomplete as I have a dog and my 5yo son plays out the back.

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