Purchased Block of Land - Neighbours Want Me to Share Cost for Fence Put up Three Years Ago

Lnewbo on 20/06/2021 - 23:05
Last edited 25/06/2021 - 15:40 by 1 other user

I'm building in a newer estate and bought land last year to start building. The land came with, "free fencing".

After the slab was laid the wife and I went to visit it. The neighbour comes running out and the second words out of his mouth are asking for us to pay for half of the fencing they put up when they finished their build 3 years ago. (We only owned the block for 6 months)

What do you do?

Update1: Had folks out to do some concrete and a few posts including a post for the gate that will go along the fence in question today, they're to come back tomorrow to hang a couple gates. Neighbour comes out and mentions paying for the fence again, he told me I don't have to pay immediately, I think he was honestly trying to be nice. I took the community advice and told him that I will not be paying for a fence and that he should seek payment from the developer and told him that if he provides the invoice I can forward it to them to see if they'll pay for it under my free fencing. (I already emailed the developer.)
He seemed quite set back and said that he doesn't want to have to go the legal route. I told him that I would prefer any future communication via registered mail and that I will forward them to my solicitor. (Bluff as I cannot afford one.) I walked away after that, sat in my car. Team finished up and the boss of them came over asked me what that was about, I told him and he laughed and said it's common and left me with the question, "can you imagine a world without fences?" That made my day.

Update2: No word from developer, received invoice taped to my door, the breakdown shows it cost them $4800 for the 14.5 metres of fence we share. So they want $2400.

Poll Options

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    Pay half
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    Pay none
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Comments

  • SF3 on 20/06/2021 - 23:16
    +269

    asking for us to pay for half of the fencing they put up when they finished their build 3 years ago. (We only owned the block for 6 months)

    I feel for you, and future with your new neighbour.

    • HumbleCat on 21/06/2021 - 17:13
      +14

      I would not pay before consulting a lawyer.

      If there are regulation issues with the fence or any injuries that might occur, payment might be considered approving of the fence and any liabilities that come with it. You don't know if its up to code.

      Consult your lawyer or dealer, you may need more crack.

      • jamestas on 21/06/2021 - 22:44

        What State are you in? In Tas there is legislation stating you are only obligated to pay for half of a ‘rabbit proof fence’ which can simply be made out of wire. I dare say that may be cheaper than what you have been hit up for and is all you would have to contribute half of if you lived here. If the neighbour chose a more expensive option then it is their additional cost.

        I would also seriously question your obligation to pay anything at all if the fence was built to completion before you purchased the property without your consultation.

        You best call would be to legal aid (free advice) and then possibly a lawyer if they can’t help.

        Good luck

      • DJR9000 on 22/06/2021 - 20:43
        +5

        consulting a lawyer or getting an inspection done may well cost more than the cost of half the fence though??

      • twigman on 23/06/2021 - 15:44
        +7

        On the topic of consulting a professional, or more importantly seeing if the neighbor that erected the fence consulted one; I'm curious if they had a surveyor check the boundary line before the fence went up. If no one was around to pay them the first time, perhaps there's a chance they tried to be sneaky and edge a few extra inches onto OP's new property as no one was around to pick up on it. I would definitely want to see an invoice from surveyor, and knowing this, in the event of any doubts, hiring your own surveyor to double check things if you can weight up to costs and benefits to finding out. A few inches may be worth thousands, and that land will continue to appreciate, the fence will not. The way this was approached by the neighbor might be indicative of their mentality and agenda in doing so.

        • susmind on 23/06/2021 - 21:19

          Even my uncle did this in the 70s from his garage to the front of the block. Thought it was a great lark until his wife found out & made him fix it back.

    • trinidaddy on 26/06/2021 - 21:12

      The agreement or the action of a fence on the adjoining property is party to your purchase contract. Be nice and explain that he obviously has an issue with the developer (not the builder) or the scheme.
      (1) DO NOT IN ANY WAY ENGAGE further with fencing discussions.
      (2) The matter is between wonderful neighbour and THEIR contractual party. (you are not party)
      …

  • try2bhelpful on 20/06/2021 - 23:16
    +97

    Why should you pay for fencing for a block you didn’t own at the time?

    • newbo on 20/06/2021 - 23:42
      +30

      I think because the estate wouldn't pay half and they were probably told to ask the next guy. But the next guy didn't exist into 2.5 years later.
      Both the neighbour and I are immigrants from different countries. So I'm not honestly sure what is right. I want to do it AUSTRALIA Style. But I'll probably just pay half to keep the peace.
      Edit: first next guy I said best guy

      • SF3 on 20/06/2021 - 23:50
        +168

        I want to do it AUSTRALIA Style

        Then, it’s not fair dinkum. Your neighbour is being a nong. You won’t be inviting them over for the house warming barbie.

        But, it sounds like you don’t want a blue with that neighbour.

        • GrueHunter on 22/06/2021 - 16:33
          +10

          "Suffer in your jocks"

        • Intoxicoligist on 23/06/2021 - 08:57
          +25

          Option 1 - Classy Aussie - call the lawyers and let them sort it.
          Option 2 - Buy a slab of XXXX, smash it in an arvo, throw your empties over the fence until neighbour turns up. Tell him you're not required to pay for the fence, but out of the goodness of your heart you'll be making contributing 10c at a time in the form of recycling credits.

          • reddead2067 on 23/06/2021 - 12:45
            +3

            @Intoxicoligist: Hahaha.. I love the idea about the 10c recycling credits.

            I've got an idea. You should send your neighbor an invoice for breathing near your house. Carbon Credits.

          • newbo on 23/06/2021 - 18:34
            +2

            @Intoxicoligist: This is savage. I would never do it, but it would make great TV.

          • unhuman on 23/06/2021 - 22:26

            @Intoxicoligist: That cracked me up.

      • try2bhelpful on 21/06/2021 - 00:00
        +56

        If you are thinking about paying 1/2 I would ask for the receipts and have a good look at the quality. You, also, don’t have to pay for all the guys fence just the bit that abuts you. It might be a good gesture to pay half but the neighbour asking like that is not great form. I wouldn’t commit to anything until you know what you are in for. Best of luck with the house.

        • ihbh on 21/06/2021 - 08:25
          +39

          At best pay for the depreciated value, which would be the depreciated value of half, which is much less than half.

          • Krankite on 25/06/2021 - 07:19

            @ihbh: I would say half a fence is pretty worthless so the depreciated value of half a fence is 0. Seriously though be friendly and keep offering to forward it to the developer.

      • kyle on 21/06/2021 - 05:21
        +1

        Which country is this neighbour from?

        • Blue Cat on 21/06/2021 - 10:48
          +8

          We could take an accurate guess but then we would be labeled racists 🤐

          • CalmLemons on 21/06/2021 - 13:01
            +4

            @Blue Cat: I'm a person of colour and my parents are immigrants, actually, I would be considered an immigrant too, let me ask - it's not racist if I do it.

            Which country is this neighbour from?

            Also, no wtf, that was the last owners problem. This would also not be able to be enforced either at VCAT. Normally it is obligatory and the law to pay for half the fence, but not if you are the new owner.

            • Jackson on 21/06/2021 - 15:02
              +1

              @CalmLemons: It's a new estate, there may not have been a "last owner" unless it was the local government. What I'm wondering is does it come with free fencing or not? how could you be paying for something that's free?

          • Vote for Pedro on 21/06/2021 - 22:49
            +20

            @Blue Cat: How the f&@k does everything on this site come down to race. Wtf is it with you.

            A dope of a neighbour is being a dope. That’s it. What? No W.A.S.P dopes exist?

            • Blue Cat on 22/06/2021 - 16:11
              +4

              @Vote for Pedro: I mean, stereotypes exist for a reason, we used to be able to have a laugh about each other but nowadays you can not think "incorrectly", so I will keep my mouth shut.

              And trust me, I have dealt with worse "white Aussies" than people from whatever country you think I am thinking of the OP's neighbor is from. Now that is a sentence I never thought I could make.

              • Vote for Pedro on 22/06/2021 - 17:59
                +10

                @Blue Cat: Most people complaining about ‘the PC brigade’ stopping them from ‘saying things we used to be able to say’ are usually wanting to say something offensive.

                • [Deactivated] on 29/06/2021 - 09:35
                  -1

                  @Vote for Pedro: Speak the truth & put the offended on a list

                  • Vote for Pedro on 29/06/2021 - 14:39

                    @[Deactivated]: Godwin’s law is about to come true!

                    • [Deactivated] on 29/06/2021 - 15:17
                      -1

                      @Vote for Pedro: Yes, tribalism is a fundamental human motivation when faced with conflict, it is from an evolutionary perspective a necessity. There are of course tribes who are weak and whose evolutionary advantage lies in conflict between greater powers. Nevertheless cancel culture creates fear and cowardice both inimical to societies. I can see from your comments that you seek to conceal and thus wear the cowards mask of faux outrage. The scriptures do not prescribe tolerance. https://www.biblestudytools.com/topical-verses/bible-verses-…

              • Autonomic on 22/06/2021 - 18:05
                -3

                @Blue Cat: Stereotypes exist because racists believe and perpetuate them. Nothing more and nothing less.

                • StalkingIbis on 22/06/2021 - 19:00
                  +2

                  @Autonomic: Is it racist to presume that Africans are good runners?

                  • Skinnerr on 22/06/2021 - 20:22
                    +1

                    @StalkingIbis: Or that the Irish are fond of a drink?

                  • Autonomic on 23/06/2021 - 02:02
                    +3

                    @StalkingIbis: Is it racist to assume an entire continent has a single characteristic trait? Do I really need to answer that?

                    • Chchnu on 24/06/2021 - 21:44
                      +1

                      @Autonomic: So its racist to assume asian have natural black hair, africans and indians having dark skin?

                      I thought racist means discrimination based on race. Stating a neutral fact or complement (asian good at math, africans built to run fast) isnt racist.

                      • Autonomic on 25/06/2021 - 02:22
                        -1

                        @Chchnu:

                        Definition of racism
                        1: a belief that race is a fundamental determinant of human traits and capacities

                        It's also not a "neutral fact". It's not a fact at all. If you genuinely believe Africans are "built to run fast" then you're not only a racist, but a moron as well.

                        • Chchnu on 25/06/2021 - 02:49

                          @Autonomic: You misread what i wrote.

                          The neutral fact is "asian have natural black hair, africans and indians having dark skin"

                          The complement is "asian good at math, africans built to run fast"

                          • Autonomic on 25/06/2021 - 03:10

                            @Chchnu:

                            The complement is "asian good at math, africans built to run fast"

                            Do you believe this is true or not? Also there are plenty of Africans and Indians that have light skin.

          • berry580 on 23/06/2021 - 16:29

            @Blue Cat: As soon as you mention any race, its racist.
            Unless it was a Aussie or some white dude

        • Geoff-bargain on 23/06/2021 - 15:38

          dont think it matters - both my neighbours on sydney's northern beaches tried to rip me off with fencing and they are aussie enough.

          • Chchnu on 24/06/2021 - 21:39

            @Geoff-bargain: Where r they from? Or do you expect us to be racist and assume they are white because they from northern beaches?

      • loulou1 on 21/06/2021 - 06:04
        +98

        I have been in Australia my whole life, there is no way I would pay half, they are just trying it on

        • SlickMick on 21/06/2021 - 07:45
          +44

          +1

          If OP caves on this, he will be harrassed by this neighbour for ever. This is the time to let him know you're not a pushover.

          • newbo on 21/06/2021 - 11:20
            +8

            @SlickMick: I am worried about this, ever since moving to Australia I've become a spineless worm.
            I feel the right thing is to pay half of 75% (2.5 years wear with 10 years of life fence).
            I know legally I don't need to pay anything.

            • SlickMick on 21/06/2021 - 11:27
              +14

              @newbo: If you honestly feel that the right thing to do is to make a contribution, then I'd do it.

              The neighbour would be expecting all or nothing - either he bluffs you into paying, or you stand your ground and he gets nothing.
              If you actually negotiate, I reckon he'll be happy to be getting anything, plus respect that you are both generous and not a pushover.

              You can feel good that you've done the right thing by the neighbour and may well have made a friend, and it's a real achievemnt to be able to win over a bad neighbour.

              • newbo on 23/06/2021 - 19:45
                +12

                @SlickMick: I changed my feelings and mind about this due to this entire post and poll. I had another run in with him today, conveyed, "no", and he was talking about legal action so I shut it down.
                It felt good but a little later I felt guilty. I don't think I should feel guilty. I have become soft and over accommodating since I moved here 10 years ago. I want to be nice. But being a homeowner was to be my return to being a man.
                I won't let this scum push me towards another 10 years of no hobbies, un- or under-employed, or no friends.
                I won't let him take food from my family's mouth. When he was erecting a fence I was working for a shady temp agency in a warehouse 0-20 hours a week, being told 9PM the night before if I have a shift at 5:30AM.
                I'm debuting as the me I was and want to be. I'm well aware I'm being cheesy.

            • Chchnu on 21/06/2021 - 11:56
              +16

              @newbo: Which country is neigbours from and which country are you from?

              Also on top of the depreciation part you need to see if the fence was built to match his house color scheme vs yours. If it is the case you need to paint your side to your color then add the cost to the 75% of the original cost before dividing it by the 50%.

              Then finally take 20% off the amount as your neighbour's got to choose the design and not you so need to be accounted for as a 20% premium.

              Then that amount amount (not including the original 25%) need to be the new base price for the fence for future maintenance calculations.

              Before you do that you need to see if the fence is fully used by you. E.g. if your neigbour's land extends further than your land then you need to measure the extra bit and divide it by the whole fence length and apply that percentage into the final price.

              Hit them with the chinese immigrant math and also yea don't invite to barbecue

            • utopia on 21/06/2021 - 20:42
              +2

              @newbo: If you already decided with an unlisted poll option, please kill this thread and stop hurting my eyes

            • 42 on 21/06/2021 - 21:48
              +13

              @newbo: How you know the "previous guy” didn't already pay half.

            • Ughhh on 22/06/2021 - 22:31
              +4

              @newbo:

              I feel the right thing is to pay half of 75% (2.5 years wear with 10 years of life fence).
              I know legally I don't need to pay anything.

              If you're going to pay, do what the banks do. Make it clear that you're not legally obligated to, but will as a goodwill gesture.

            • Chchnu on 24/06/2021 - 21:41
              -3

              @newbo: You are so spineless that you have been ignoring anyone that asks you where your immigrant neigbour is from.

              What are you afraid of, you are under the anonymity of the internet and its not racist or offensive to state a fact.

              • RecklessMonkeys on 30/06/2021 - 13:08
                -1

                @Chchnu: He's afraid of idiots like you.

              • brendanm on 30/06/2021 - 16:41

                @Chchnu: Calm down champ, the place his neighbour is from has nothing to do with whether he has to pay half for a fence.

      • EnALup on 21/06/2021 - 13:44
        +2

        If the land was not sold to anyone previously, your neighbour might be waiting for new owners ( which is you) and expecting to get paid for the share of the common fence between your lots. Its worthwhile to note that its already 3 years old and not sure if you should pay your share in full.

      • shalala on 21/06/2021 - 17:01
        +1

        Or offer an excuse to pay only after you moved in:

        1) If good neighbour -> pay half

        2) If bad neighbour -> kiss my ars*

        • ak47wong on 21/06/2021 - 17:32
          +2

          arstechnica?

        • REDRUM on 22/06/2021 - 15:40
          +8

          Or offer to get quotes to replace the fence, of which, you'll pay half as your responsibility.

          • MrFrugalSpend on 24/06/2021 - 23:42
            +1

            @REDRUM: haha I like this one. If its going to cost you half anyway - get a new one done how you like it!

      • sparkles on 21/06/2021 - 17:46
        +18

        AUSTRALIA style? Just tell them they're dreaming.

      • AlanHB on 21/06/2021 - 20:57
        +8

        If they wanted to share the cost, they should have waited until the next person existed.

      • beefmaster on 21/06/2021 - 23:02
        +1

        I too want to keep the peace with my neighbour, but bending over will just show sign of weakness and invite problems in the future if your neighbour perceive you as push over.

        Already your neighbour sounds like a jerk. I doubt paying the fence will be the last time you hear from him.

        Like many, I feel for you. I too had a fencing incident with my neighbour. I showed him I ain't no fool and willing to fight.

        Maybe decline him politely and say you are broke and on a tight budget BS

      • Geoff-bargain on 23/06/2021 - 15:28
        +2

        In NSW they need to write to you (snailmail) and notify you that the fence needs to be done and costs - if this isnt done then they cant claim anything if they go ahead and do it. They did it so they pay for it.

        • MrFrugalSpend on 24/06/2021 - 23:43

          same in Qld. There is a process and if you don't follow it, they don't get their half. Certainly they can't ask for money way after the fact.
          They should have not fenced it until the developer had sold the lot.

      • Serapis on 24/06/2021 - 09:05
        +1

        If he didn't take the "legal route" when the original estate refused to pay half, he probably don't be doing anything now either. Tell him to go find and speak to previous owners.

        • MrFrugalSpend on 24/06/2021 - 23:46
          +1

          As a developer, I can tell you now a golden rule when you sell residential blocks is a contract condition and/or in the referred to estate covenants is to have a clause that says buyers can't claim half of the fence cost from you as the developer/seller (i.e. they have to wait and sort it out neighbour to neighbour).
          There is no legal route for OP's neighbour - there wasn't one against the developer and they didn't wait to fence until the block was sold = too bad

          • parsimonious one on 25/06/2021 - 19:14
            +1

            @MrFrugalSpend: Yep.

            If the neighbour knew there was no recourse with the developer who owned the adjacent block and was too impatient to wait for someone to purchase the block then discuss the fence issue then they are SOL

    • Random Access on 21/06/2021 - 11:21
      +23

      First thing is to make sure the fence is in the right place and not inside your boundary. You don't want to find out in 12 years time you've lost a chunk of your property through adverse possession.
      Then, check your CoS for details of the free fencing and, if it's there, send the neighbour details of the vendor and their agent to get the money.

      • Sapiens on 22/06/2021 - 21:32
        +2

        Check your boundary like this guy says. Old mate could be asking the $ question when the real issue is he scabbed some land

  • Caped Baldy on 20/06/2021 - 23:18
    +28

    Sounds like they paid for it themselves so they're SOL. I'd say no on the basis that you didn't have an opportunity to get your own quotes.

  • Muzeeb on 20/06/2021 - 23:22
    +81

    "Hey, you pay half fence now ok"

    What an odd way to greet your new neighbours. Have fun.

    • iNeed2Pee on 20/06/2021 - 23:32
      +24

      I would have replied with

      "no hablo inglés"

      • Muzeeb on 20/06/2021 - 23:35
        +25

        I'm guessing it's more like

        我不会说英语

        • iNeed2Pee on 20/06/2021 - 23:36
          +8

          I adapt to any nationality 😂

        • Vote for Pedro on 21/06/2021 - 22:51
          +4

          Probably ‘oi ya flamin drongo, cough up for da stinkin fence’

  • AndyC1 on 20/06/2021 - 23:23
    +11

    Read the contract you signed for where it says "free fencing" and see what it exactly says. If it says that then get the invoice from the neighbors and submit it to the company to get 1/2 of the invoice back so you can then give it to the neighbor. Be aware that this will also happen on the back and the other neighbor if they have already built a fence and if not then get the company to build the fence ASAP so you do not have to pay for 1/2 of the fence.

    • newbo on 20/06/2021 - 23:38
      +3

      I've looked before and I looked again. There is actually nothing stating free fencing in the real paperwork, it in fact says that they will not pay for it if we purchase the land. The free fencing was only mentioned on the price list provided to me.
      Although the estate management did keep their word and pay for fencing for another side of the property. I can ask them if they will pay half the neighbour's invoice but am doubtful.

      • dizzle on 21/06/2021 - 00:17
        +31

        No, but it's like buying an already built house. If the fencing is already there, then it's there.

        I'm looking at purchasing houses at the moment. Part of deciding my offer price is judging that in X years I'll need to repair/replace Y meters of fencing, but there is no way I would be paying for fencing that is already there.

      • Brick Tamland on 21/06/2021 - 08:51
        +12

        Maybe the free fencing is the fence the neighbour kindly put up.

        • hawkers89 on 23/06/2021 - 11:26
          +3

          haha I thought the thing. Maybe its like Free fencing*

          *neighbour paid for it already

      • cheng2008 on 21/06/2021 - 10:54

        Sounds like false advertising then.

        • Donaldhump on 22/06/2021 - 06:44
          -1

          Parol evidence

      • Dontdoit on 22/06/2021 - 09:56

        Sound like you negotiated better with the agent then your neighbour.

        How much peace do you want to keep with them at your current property are your neighbours always visiting or is it just a nod or a quick chat.

        I dont think you should pay anything.

        Its also rude that this was the 2nd thing they said to you. I could have been brought up later.

  • Hardlyworkin on 20/06/2021 - 23:36
    +94

    Tell them you don't like it but you're fine to go halves in a new one.

    • newbo on 20/06/2021 - 23:47
      +5

      I like this. He gives me the invoice and I provide him 3 quotes.
      I can understand him feeling a bit screwed by having to pay for 100% of a fence though. I wouldn't mind if he asked for the depreciated value.

      • garetz on 21/06/2021 - 01:34
        +37

        The depreciated value of fencing is 0, once its up it becomes worthless, its not an asset, it has no value.

        • Grunntt on 21/06/2021 - 08:39
          +3

          So are you saying that if the fence is destroyed or damaged then the insurance company would pay out zero as that is it's current fully depreciated value?

          • Jolakot on 21/06/2021 - 17:24
            +4

            @Grunntt: No, insurance pays replacement value, which is how much it'd cost new.

        • chriise on 21/06/2021 - 19:15
          +1

          If a fence has no value when it's up, then it sure as hell hasn't got any value when it's down.

          • ezekiel181 on 21/06/2021 - 22:32
            +11

            @chriise: But if it falls down and there's no adjoining neighbour does it make a sound?

        • LukeS on 21/06/2021 - 21:24

          I'd almost say a fence becomes a liability after it is built, speaking in financial terms.

          Everything from that point on it a cost - maintenance, repairs, even removal & disposal. An asset has to have persistent value. A fence does not.

        • NigelTufnel on 22/06/2021 - 10:37
          +6

          That's not really how depreciation works… A fence is capital and has a useful life before it needs replacing, or needs maintenance to extend it's life.
          A block of land with a new fence is worth more than a block of land with an old broken fence that will need replacing, therefore it does have value once it's up, and that value diminishes as it gets older.

          • dp1 on 28/06/2021 - 08:42

            @NigelTufnel: And an empty block without a pre-existing fence sold as 'free fencing' is worth more than either of these..

      • Euphemistic on 21/06/2021 - 11:40
        +3

        I can understand him feeling a bit screwed by having to pay for 100% of a fence though

        People pay for 100% of a fence all the time when there isn’t a neighbour to share with - just like when he moved in and you weren’t there. Same if your property back/side is onto a road, bushland etc. the council isn’t going to pay half.

        • deek on 21/06/2021 - 18:20
          +4

          Actually, fence costs can be shared with a government department. My parents own a place that sides with a storm water drain. They shared the cost of a fence replacement with Sydney Water.

          • Euphemistic on 21/06/2021 - 18:48

            @deek: Interesting. Hadn’t heard that before. Was it a requirement of Sydney water to fence it? If Sydney water insist it is fenced, then they should pay half. If it is the choice of the home owner to fence up against public land I suspect you are on your own.

            • deek on 22/06/2021 - 13:06

              @Euphemistic: You could be right. I'm not sure of the details of the event. Only that my parents organised a quote for the fence replacement, submitted it to Sydney Water, and they approved and paid half of the costs.

          • MrFrugalSpend on 24/06/2021 - 23:51

            @deek: very rare. Mostly public land you can't claim. Its a rule in Qld

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