Having this issue on fencing contribution/boundaries and wondering whether members can offer some input-
Here is the short version of the story:
-I have a vacant land in Gold Coast bought two years ago, my neighbour gave me a quote for my contribution to the concrete fence. Neighbour owns both blocks on RH and LH side. I asked if there was a second quote based on the sums involved and was told that because of the amount of buildings which are constructed by my neighbour they are getting a good deal.
-I told them that I need to get a second quote before I can agree to the payment. I struggled to get a quote from the initial supplier and contacted a couple of them, and advised the neighbour that I was in the process of getting a quote to ensure the pricing was competitive.
-In the meanwhile the neighbour went ahead with the fencing and in the process also destroyed all the pegs which were intact before the construction commenced; the neighbour did not advice me on the commencement of the construction.
-The supplier I had requested to give me a quote visited the site and gave me a call to say the construction has started and they wont be able to give me a quote; he did however provide me a rate per linear meter for the works.
The questions I now have:
- As far as the boundary for the fencing is concerned, how can this be verified. I am unable to verify as the pegs/markers have been destroyed and Iam confused about how to ascertain this. I have asked the neighbour to demonstrate that the fence is on the correct boundary, the common boundary for the fencing has to be agreed before the fencing is what I have gathered from the QLD building website; doing the survey will cost me $3K, this would not have been required if the pegs were not destroyed by the contractors.
- Payment for the fence: I want to do the right thing and pay for the fencing on the basis of the lower rate quoted by the contractor that I have spoken to,(rather than neighbours quote which is much higher) less the costs of the re-survey unless this is done by the neighbour to establish the boundary.
My neighbour has decided to go to the tribunal on this and I want to sort this out without going for the tribunal, perhaps through mediation.
Will appreciate some feedback from the members on this.
Thanking you in advance, and happy to provide any further information.
http://www.qcat.qld.gov.au/resources/faqs/faq-dividing-fence…
My neighbour is constructing/demolishing a fence without my permission. What can I do?
Try talking to your neighbour – you may be able to resolve the issue. If you cannot reach an agreement, you can apply to QCAT for an order preventing the construction of the fence. After you have applied to QCAT you will need to give a copy of your QCAT application stamped with the QCAT seal to your neighbour as soon as possible and at least three days before QCAT hears the application. QCAT will also send you and your neighbour a notice with details of the hearing.
ASAP