Thirds in a Fence Not on Our Property ?

Noragrets on 15/11/2016 - 13:31
Last edited 15/11/2016 - 13:38

Random question!

Saw the fence post in the forums the other day and my friend is having a similar issue so thought I'd ask for opinions..

My friend lives in a house which is behind another house. The two front houses decided they wanted a new fence… the two back houses (my friends and next door) didn't feel the need to get one just yet.

The new fence that the front houses have got comes onto my friends property by about 2 meters. My friend said that as there is 2 metres she will put in a few hundred just to be nice. They installed the fence and now the two front houses are saying she now needs to pay a 3rd of the cost which Is $1600…

She's said no and they're currently having a war. The house in front is taking her to small claims court.

Just wondering what your opinions are on this ? Is she obliged to pay a third ? Does she have to pay anything at all if she didn't even want a new fence ? And if they take her to court what are the chances of her having to pay up ?

Pic of fence here..

http://imgur.com/ja8o15l

Thanks :)

Home & Garden

Comments

  • StonedWizard on 15/11/2016 - 13:35

    Your friend is only liable for the cost of the fence on her property. If the other neighbours replaced the fence over safety issues then your friend should pay their portion but if it was just that they want an update then thats on them.

  • bobbified on 15/11/2016 - 13:48
    +1

    Am I missing something? I had a look at the picture but can't seem to tell where the fence comes into your friend's property.

    • Noragrets on 15/11/2016 - 13:52

      Can't really see as its from the window but that white line under the fence is where it's on her property. Its about 2 metres roughly. Possibly a little more.

      • bobbified on 15/11/2016 - 14:00

        The bulk of the fence should be shared between the two houses at the front and whoever's property it is that is on the other side of that white line (not in the direction of the green fence, but the other side).

        And if there was no agreement and the actual replacement of the fence wasn't warranted in the first place (that is, it wasn't broken in the first place), I'd tell them to get screwed.

  • Savas on 15/11/2016 - 13:54
    -3

    Don't see much point of going to court over a fence, good fences make good neighbours

    • bobbified on 15/11/2016 - 14:03
      +1

      I would agree with you there - court would be the very last resort.

      Except if you think your neighbours are being completely unreasonable, what can you do?
      If they weren't asking for a third and they were asking for half the total cost, would you still be thinking the same and just pay up?

      • Savas on 15/11/2016 - 14:23

        they're currently having a war

        But this is clearly not normal

      • Noragrets on 15/11/2016 - 14:32

        They're taking her to court. She said she would pay for her part which would be a few hundred, they went ahead and got the fence. She knew nothing about prices or details it was between the two houses in front. Then they come back saying she owes them $1600. She didn't agree to that. She just offered to put in a few hundred as 2 or so metres are on her property. They said they'd take her to court so she basically said go ahead.

        • [Deactivated] on 15/11/2016 - 15:32

          Work out how much per paling. It must be $100-200 per piece of wood. :) I think sense will prevail.

  • Ryanek on 15/11/2016 - 14:00
    +4

    You should only pay for your portion of the fence. If your friend only shares 2m of a 10m fence for example, he should only pay 1/5th!

    • k-rokfm on 15/11/2016 - 14:12

      this. He should only be having to share 1/5th of the cost (not actually pay 1/5)

      • dlf73 on 15/11/2016 - 14:21
        +1

        Is this controlled by a Body Corporate? Either way was there anything in writing advising the plan to replace fence and for what reason? It is my understanding that unless it is in writing you are not liable for anything. However, putting in a small amount o be nice is a good thing. Having said that if they are being difficult, then give them nothing. Why? Ask yourself, were they nice and upfront with you about how much they expect you to pay? It seems what you have advised they did not!
        Also, what sort of cost analysis was done as to whom and when this would be done? Was there multiple tenders/quotes for the work supplied for a choice to be made agreeable by all or majority of parties?

    • oscargamer on 15/11/2016 - 14:17
      +3

      i would say even less - half of the 2m so 10% of total cost

      but as has already been said, unless the fence was unsafe, there is no requirement for any money to be paid

      i think the person that is taking her to court is going to have a very interesting education at court

      • Noragrets on 15/11/2016 - 18:22

        Fence was not unsafe at all. The lady in the white house next door wanted the fence, the couple in front agreed. All contracts were between those two and as it came onto my friends property my friend offered to pay for her small section. Now they've installed the fence they want $1600… they put it up for cosmetic reasons.. my friend runs a business from home and they're saying that it's helping her business because it looks nicer and customers will like it. Therefor she should pay $1600 as she will benefit ? Stupidest thing I've ever heard but now they want to take her to court over it

        • oscargamer on 15/11/2016 - 19:45

          go to court and have a laugh

          from what you have said, your friend does not have to pay anything

        • onetwothreefour on 15/11/2016 - 20:51

          now they want to take her to court over it

          can we come to laugh too?

  • [Deactivated] on 15/11/2016 - 14:22
    +1

    Pro rata all the way. everyone pays by frontage.

  • rambao9 on 15/11/2016 - 15:02

    Hi OP, are you "Friend" since you mentioned 'Our Property'? lol

    Back on topic, there should have been a written agreement or proposal before the neighbours went and got any work done. Sounds stupid to pay anything without something written.

    What if the fence cost $50000? What if they got the high end gold-plated fences? Do you still pay your portion without a proposal?

    • Noragrets on 15/11/2016 - 18:18

      Haha I'm not 'friend' but I have lived there previously. My second home I guess lol

      There hasn't been any written agreements in place. Possibly wits the two front neighbours but my friend was just asked to contribute for her section which she agreed. Now that the fence has been installed and payment time has come they're saying they want $1600 instead of the couple hundred they all agreed to. Everything was said verbally and all contracts were for the front two houses. My friend was just being nice and said verbally she would help out.

    • affable on 16/11/2016 - 07:38

      If a neighbour wants a better fence, that's fine, however you only need to pay 1/2 the cost of the fence you are happy with (as long as it meets code).

  • Euphemistic on 15/11/2016 - 20:15

    Friends length divided by total length divided by two.

    • Seraphin7 on 16/11/2016 - 09:22

      What's the length of the friend got to do with it?

  • robbyjones on 15/11/2016 - 20:27
    +2

    We recently had about half of our border fence replaced and this involved 3 neighbours. It only went into one neighbours property by a bit less than a metre and we were paying this section ourselves. The fencing contractor required signed agreement from all neighbours involved and requested to be paid separately by each party. We did this and had no issue, his approach is common at least in Sydney.

    • 87percent on 20/11/2016 - 20:50
      +1

      Yeah same with my property when we got the fence replaced. Companysent everyone involved a separate quote, and wouldn't start until everyonr signed it and paid their deposit

  • affable on 16/11/2016 - 07:41

    How do you get to the back property, I assume you have an easement/right of way at least? I would have thought gives you some obligation to contribute to the fence? If the only obligation is for 1/2 of a 2m section, "a few hundred" is way too much for 1m of lap & cap fence. Something's not right.

  • jason101 on 16/11/2016 - 07:45

    Sounds to me as though these homes could be on a Community or Strata title and / or the fence section is on part of a common driveway or right of way. Depending on the constitution or bylaws of the group there may be a pre-existing determination as to how fencing costs are to be allocated within the group.

  • ricmac on 16/11/2016 - 16:17

    If the next door "back" neighbour wanted to replace the green fence, would your friends "front" neighbour pay a third?

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