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.

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Comments

        • jorf on 21/06/2021 - 14:11
          +5

          They have no power to default you over someone else's debt.

        • gromit on 21/06/2021 - 15:26
          +8

          They can't legally put a default on your record for a debt you did not incur. Basically they used bullying tactics in the hope you would playball, they had nothing over you and nothing they could do to you. You do not purchase the previous owners debts.

        • MrFrugalSpend on 02/07/2021 - 21:47
          +1

          You totally wasted your money. They couldn't do sh!t and not your debt.

    • CalmLemons on 21/06/2021 - 13:05
      +1

      wtf bro

  • 91rs on 21/06/2021 - 12:56
    +4

    Here's a new "Australia style" saying for you to use, "tell him he's dreaming".

    3 years is enough time for them to get over the price paid for the whole fence as no one did anything with the block next door, if they're already this difficult and unwelcoming then a) I feel bad for you and b) they're not going to get any better. Might as well make it clear you're not there to do everything the neighbor wants you to do.

  • thrillho on 21/06/2021 - 12:57
    +5

    This is like in Friends when Ross moves into his new apartment and gets asked to pay $100 for the retiring handyman.

    It's a no from me. Unreasonable.

  • [Deactivated] on 21/06/2021 - 13:08
    +1

    What a bad way to start , keep it at bare minimum with your neighbours. I wouldn’t pay or talk or even look in their general direction.

    • pformag on 21/06/2021 - 15:49

      Did you even read

    • smartazz104 on 22/06/2021 - 18:14

      Good, fence was erected when OP was not the owner, so he is absolved of all responsibility in paying.

  • TChalla on 21/06/2021 - 13:44
    +5

    This is hilarious. My mate just moved in recently and his neighbour is refusing to put his back fence up because he wants to go halves on the fence with the rear neighbour (he has gone halves with my mate already and their fence is up and the other side of the house is also up but the neighbours backyard to the rear has no fence).

    We always have a laugh when we go over because all the blocks to the rear are not registered land yet and the timetable for those lots are earlier to mid next year.

    Also funny because he complains about all the random Cats & Dogs that always go to their backyard and shit everywhere, !@@#% crack up HAHAHAHA.

  • jrvb42 on 21/06/2021 - 13:50
    +1

    Depends where you are. Certainly in SA, they would have needed to serve a notice to fence before the work, in an appropriate manner, or you don't need to pay at all. You own half the dividing fences, if any, when you buy. Also, you only have to pay for half the cost of a typical fence for the neighbourhood.
    Regardless, the neighbour sounds like they aren't people focussed, and I will bet your relationship is going to be challenging. Good luck.

  • jonkvh on 21/06/2021 - 13:50

    Did fencing part time many years ago. The adage back then was, if you never had any say about the fence at the time, then you aren't obligated to it.

    Anyway, why are coming onto OB asking for advice when you haven't even finalised the issue with the estate?

    • parsimonious one on 23/06/2021 - 20:17

      Presumably because OP wants some advice on his rights and obligations and everyone knows you can’t trust anything that comes out of a real estate agents mouth

  • Black Brown Blue on 21/06/2021 - 13:56

    How much money are we talking?

  • Grat on 21/06/2021 - 14:03
    +6

    There are rules about fencing in most states and who pays. Under none of those can payment be sought for fences built in the past. Arguably you would not have paid as much for the block if the fence did not exist. They may have built a less expensive fence if it was to separate neighbours and not have to serve as their boundary fence.

    If they had any claims on fencing it was with the previous owner of the land the property developer. If their contract with the developer stipulates that they are responsible for fencing costs and they went ahead and built a fence, they have accepted the full cost of fencing.

    Just like their contract prevented them from seeking money from their developer, fencing laws will prevent them recovering costs from you. I guess there is no harm in asking. Politely say no.

  • fls2k3 on 21/06/2021 - 14:19

    You forgot to mentioned which state you are facing this. Sounds like Victoria to me.

    • Baysew on 21/06/2021 - 15:35

      Looks like SA to me.

  • Madrical on 21/06/2021 - 15:13

    This happened to my sister too, literally first time they met their neighbor they gave them an invoice and wanted payment by the end of the week. So weird. I extended my side boundary fence earlier this year and didn't bother my neighbor with payment since it was something I wanted, just double checked that he was okay with it being installed. Granted it was only a $500 bit of work whereas yours is probably thousands OP.

    I think you're going to have to pay it but get your neighbor to do the research and prove to you that you need to pay it, don't waste your time proving that you don't. If they can't prove it, you don't pay.

    • try2bhelpful on 21/06/2021 - 17:56
      +2

      I hope your sister told them to go jump.

  • T1OOO on 21/06/2021 - 15:24

    Pay none. Ur only required to pay for a boundary fence which can be anything. A piece of string if u like.

  • Ace26 on 21/06/2021 - 16:15
    +1

    I recently bought a block of land in a new estate, contract clearly stipulates that I have to pay for half of the price of the fence (if requested by the developer). Check your contract.
    Point out to your neighbors that you bought a land with free fence. You didn't mention what is happening to the other two sides of your block? perhaps try to balance out your cost.
    Finally, offer neighbors that you will pay for the first repair and that's about it.

  • mini2 on 21/06/2021 - 16:20

    Get a quote on the cheapest wooden fence then divvy that up by two and tell the bloke this is what I'm going to pay even though I'm not obligated to do so.

  • hopper on 21/06/2021 - 16:42

    what abt the other 2 sides?

  • KBZ on 21/06/2021 - 16:43
    +3

    Tell them you have no money after paying for the block.
    What awful neighbors though, judging by this sole interaction I can imagine you're going to be having more ridiculous disputes in the future where they ask you to pay for this and that. Random leaves and tree branches falling.
    I'd be very careful you be setting a precedent with this payment so I would not engage.

    • hopper on 21/06/2021 - 16:45
      +5

      Exactly, this is not going to be over with this, they will take advantage again. I say buy a dog instead of paying them. and Install a sec cam

  • hopper on 21/06/2021 - 16:44
    +2

    The neighbour comes running out and the second words out of his mouth are asking for us to pay

    OK, not scaring you but your neighbours have issues

    • smartazz104 on 22/06/2021 - 18:16

      Yeah, he’s out of pocket half a fence.

  • AustriaBargain on 21/06/2021 - 16:50

    Unless they tear their fence down I don’t see what they can do about it.

    • BewareOfThe Dog on 24/06/2021 - 15:02

      OP might buy a Rottweiler. ;)

      • parsimonious one on 25/06/2021 - 11:13

        I don’t think the neighbour could just tear down the fence.

        Neighbour may have paid for fence and have a grievance with the owner of the lot at the time the fence was erected but OP purchased a lot with a fence so I’m not sure it can be unilaterally torn down. That being said IANAL

  • nige0090 on 21/06/2021 - 17:00
    -2

    Does the fence have a good side and an ugly side? The person with the good side usually pays more than 50%

  • ktek on 21/06/2021 - 17:23
    +2

    Yikes, first interaction and they're already asking for money.

    OP if you're in VIC, have a read of this:
    https://www.justice.vic.gov.au/fencing-law-in-victoria

    As fair as I can tell, it should not fall under your responsibility as you were not the owners of the land 3 years ago when this decision was made. Your neighbour stuffed up, they should have brought this up with the property developers 3 years ago and followed the procedure to seek compensation with the tribunal had they not responded.

  • soggypotato on 21/06/2021 - 18:10
    +1

    any updates OP?

  • shaybisc on 21/06/2021 - 18:32

    I don't think you have any legal obligation. So what's the rule? If there is an unsold block next to you leave it unfenced, no matter how long it takes?. I suspect the pushy neighbour has been sold a pup like the OP with the free fencing spiel and that's put the expectation that you will pay half in his head.

  • AlphaSquid1604 on 21/06/2021 - 19:10
    +13

    Lol are you the other party to this thread on WP forums?

    https://forums.whirlpool.net.au/thread/98wwp5m3

    • chriise on 21/06/2021 - 19:19

      Oh wow, too perfect!

  • umoddbro on 21/06/2021 - 19:20

    Reminds me of last time we bought a piece of land probably 15 years ago, neighbour of said land rocked up to our house (not sure how they got our address) and asked to split the cost of fencing. He was nice about it so we didnt mind paying half.

    • BewareOfThe Dog on 24/06/2021 - 15:06

      He probably wrote away to your local council, and they provided it?

  • Aerith-Waifu on 21/06/2021 - 19:50
    -5

    Interesting one, my house shares with 5 houses. right side, back, and 3 houses on the left side, all the houses are built before we built ours. Everyone of them come and knock on my door asking for fence money with their quotes and I paid for all of them. I think since you are going to be the benefit of the fence they put in, its only fair to pay for half the fence.

    What's different between my neighbours and op is none of the neighbours asked for any of the fence money until we fully moved in. I remember 2 of the neighbours only asking to share the costs 2 years after we actually moved in.

    1 Aussie, 2 Indian, 1 Pakistan, 1 Malaysian Chinese neighbours just in case you guys wondering and we all get on pretty well.

    OP's neighbour is an ass to ask for fence money before op even moved in. Ask to see a quote before you making your decision. How much is he asking by the way?

    • pharkurnell on 21/06/2021 - 20:01
      +2

      I think since you are going to be the benefit of the fence they put in, its only fair to pay for half the fence.

      23 yrs ago they cut down some trees and flattened the land too.. your share is 45,000.. cash will do

      • Aerith-Waifu on 21/06/2021 - 22:00
        -1

        Well i don't want to be your next door for sure.

        • pharkurnell on 22/06/2021 - 11:36
          +1

          So you'd expect someone to pay for something that happened 20+ yrs ago? Glad Im not your neighbor too.. I'd laugh in your face

          There has to be a cut off point where people buying a property are no longer responsible for "things" that happened before they bought up. Or does everyone have to have an extra 100k laying round incase when they make an offer on a property?

    • lunchbox99 on 22/06/2021 - 10:16
      +1

      You paid for the fence when you bought the property. Your neighbours played you for a fool.

      • Aerith-Waifu on 24/06/2021 - 20:28

        So if you bought a land and built on it, you paid $1000 for the fences out of your own money, then sometimes later your neighbours also build and they are using the fence you paid for with zero contributions. How would you feel about it? I think I acted fairly by agreeing to pay half.

        • lunchbox99 on 24/06/2021 - 20:42
          +1

          I would feel that I erected the fence without my neighbours who were non-existent at the time having any say in it. But you want to pay half for it, that's your prerogative.

          • Aerith-Waifu on 24/06/2021 - 22:08

            @lunchbox99: Fences are fences, it give you privacy, its not an art piece, as long as its strong and good quality its good enough for me. Been living there for 8 years now all the fences are still in great condition.

          • parsimonious one on 25/06/2021 - 15:26

            @lunchbox99: Exactly.

            If there is a neighbour, sure, split the cost (after discussions)

            If there is no neighbour, the fence is for your benefit. You don’t try and recoup the costs of your unilateral decision on the next/ new owner

  • El Grande on 21/06/2021 - 19:57

    I have an investment property in a $$$ neighbourhood. The fence was weak and I contacted my neighbour about rebuilding it and they said it was good enough. Soon after that property was sold. I had tenants living in mine.

    The new neighbour got the fence rebuilt and sent me the bill. Apparently they had sent the quotes to my agent but the agent forgot to pass them on. He moved the side with the posts on my side and kept the clean side himself. Basically the posts and fence were on his property earlier. Also concreted his side of the property. That means the fence sits completely on my side and the face of the fence is his property. Earlier it was the opposite.

    He has asked my tenants and agent to get me to pay. Should I pay? He sent a letter to my real estate agent. I just ignored it. Nothing happened its been 5 years.

    • quick-dry on 23/06/2021 - 22:39

      can the fence be unbolted from the posts and swapped to the other side, like when someone next door goes away for a weekend?

      give tenant a discount for the week you pull off the heist if they'll keep an eye out for the right weekend to engage in hijinks

  • spriggan43 on 21/06/2021 - 20:24
    +1

    Joke post. pay 51%, now your majority owner, then sell your part to an offshore investor, as majority shareholder you dont need the boards approval.

  • The General on 21/06/2021 - 20:45

    Some suggestions….
    -Get the measuring tape out and make sure the fence is in the right place to the nearest millimetre.

    -Has he still got the receipt? If not, see you later. For all you know his builder may have included the fence with his build and he is trying to scam you for a cost he did not occur.

    -Did you get the ugly side of the fence? If so, ask for him to swap it over if he wants you to pay half.

    -Also let him know you would not have paid half for that style of fence as you did not agree to the height/colour/materials.

    -As the fence is now second hand, it is not worth half of the price. Offer him 25% as good will.

    -Get him to sort it out with the estate management you bought the house from. Make it his problem, not yours.

    -Lastly, tell him as he paid for this one, you'll get the next one.

    • serpserpserp on 21/06/2021 - 21:02
      -2

      -Did you get the ugly side of the fence? If so, ask for him to swap it over if he wants you to pay half

      You ever owned a free standing house? You know that the direction of the fences are mandated by the council?

      • The General on 22/06/2021 - 11:51

        Several. And no, not many councils have a mandate on this. Most properties can face the fence anyway they like.

        Although I would prefer if there was a mandate. My current house has the ugly side on all three sides.

    • dizzle on 22/06/2021 - 12:21

      -Lastly, tell him as he paid for this one, you'll get the next one.

      Only if you're planning to sell the house in the next 5 years.

      I agree that OP should not be liable for the fence already built, but any repairs/replacements should be a shared responsibility (as long as damage wasn't caused by one or the other)

  • serpserpserp on 21/06/2021 - 21:00

    Tell him you want a new fence and can he pay half. See how that conversation goes….

  • McFly on 21/06/2021 - 21:17

    This isn't even a question.
    Your won't have to pay for a new fence until the one that is already there is old and rotten.

  • initiateit on 21/06/2021 - 22:56

    Yeah that's a no from me chief. You buy a block as it is. This is not ok.

  • DillanP on 21/06/2021 - 23:20
    +5

    The following is what I would say to the neighbour. Keep it cool.

    "Hey mate, I have sought legal advice about the fence issue. As it turns out, I am not obliged to pay for the fence as I was not the owner of the land when the fence was erected.

    You should take it up with the previous owner of the land"

  • gstfree on 22/06/2021 - 01:14

    The previous owner (which is possibly developer) should pay 50% of cost if notice was properly served and agreed. If you purchase the land with existing fence, you should not be paying for something that was not agreed.

  • kaleidoscope on 22/06/2021 - 01:50
    -7

    I was on the other side of a situation like this OP when I built my house. 2 of the neighbours had not started building and it was very difficult to get the landowners to pay for their shares. One of them was simply an ignorant sob and it was clear that his intention was to pass it to the next owner when he sells it. I had to chase him down countless occasions until he finally paid. I later found out one of my other neighbours that had common boundary with him sent him a letter with case number from dispute settlement to get him to pay. (I had to get few quotes, post them the letters and wait for a month before I could start building as neither of them replied, so chances are your neighbour had gone through the same trouble with previous estate when he built the fence)

    So try to
    A) find if your sales contract stated fencing was covered for and if so you can tell them to settle for it
    B) or if not talk with your neighbour to come to a settlement. Get a few quotes and see if their quotes are around same figure or if your neighbours is trying to be a d.h.

    I’m based in vic and fencing law states neighbours sharing common boundary MUST share the cost. So if your estate had not paid, you sadly will have to.

    Given you have arrived late, I would measure up the boundaries to make sure fencing is on right place:-)

    • jorf on 22/06/2021 - 08:18
      +9

      I didn't downvote you, but absolutely none of this is necessary.

      The debt doesn't transfer to new owners. The owner of the adjacent lot must be served with a fencing notice PRIOR to construction. The fence exists, the owner now is not the owner at the time the fencing notice was served (if it even was served - I would place bets that it wasn't). If the neighbour wants to recover costs, it's from the owner at the time the fence was constructed. If they didn't follow the correct procedure at that time, they are SOL.

      The ONLY thing OP needs to do is say "I'm sorry, the fence was built before I owned the property" and move on with life.

    • cantthinkofone on 22/06/2021 - 15:32

      VIC fencing law states that you need to talk to your neighbour or serve a fencing notice if you intend to carry out works and want to be reimbursed. If you go ahead and do works without serving a notice or communicating with them first, then you have no right to recoup the costs.

      I've bought land in a new estate and my contract with the developer states that purchasers can't go back to them trying to recoup fencing costs after settlement. However if the developer does pay, then the cost will be adjusted against the eventual buyers of the adjacent lot when they settle.

      • kaleidoscope on 22/06/2021 - 15:51

        This is what I did anyway,

        served notice, waited a month, no reply, and i proceeded to build. Despite repeated attempts both of the folks kept ignoring.
        Then one day, one of the guys shows up at my door step wanting my consent to take down part of fence to build their house (boundary sharing garage wall). I was like that’s fine but before that you should settle the cost 🙃.

        The other one still would not respond and I got his phone details from different neighbour and chased him up. It was close to 2 years when this guy finally settled it.

        I had tracking records saved for fencing notices served.

        • cantthinkofone on 22/06/2021 - 15:57

          I'm in the same boat, I just finished my build and adjacent lot is still vacant.

          I've been in touch with the owner and they want to build on the boundary. I wanted to put up the fence once I got builder handover (who wouldn't, safety and privacy is important) and they kept telling me I cant put the fence up all the way that far down because their garage is going to go there and they won't pay for that portion. Suggested for me to just put temp mesh fencing up. Obviously pissed me off, how unreasonable is that and how can they expect me to put up temp fencing while waiting for them to start and finish their build, we're talking months and maybe even years here. Said they will start construction in June and hey nothing yet, still vacant.

  • JediNite77 on 22/06/2021 - 07:08
    +7

    Two pages into the thread and no requests for an MS Paint image of the block and the fence ?

    • DJR9000 on 22/06/2021 - 20:50
      +1

      scrolled through the thread to figure out if anyone else had posted this.

  • Optitron99 on 22/06/2021 - 07:58

    Ask for the receipt and commit to nothing else. Make a decision at that point. I agree with a lot of people here, however, I would not be paying half for an older fence that you had no input into the choosing of.

    Your neighbour knew what they were getting into when they decided to buy a block of land with no neighbour. They could have put up a temp fence or left it open, but they wanted to secure it. That's fair. But that's on them. The lot you bought may have been vacant for ten years. What would they expect after that length of time? Pay half? Come on now.

    Also, go back and ask whoever you bought the land from about the 'free fencing'.

  • shaybisc on 22/06/2021 - 08:26

    What is a temporary fence? Will it keep dogs out/in? Will it last 3 years or longer?

    The neighbour was in an invidious position. He could go forever without a good fence, or pay for it with no guarantee that when someone finally arrives they will pay half, and no guarantee they won't complain about the fence he did put up and pay for. I blame the developer/estate manager. There should be firm rules in place.

  • Topdog on 22/06/2021 - 08:28
    +3

    you dont owe them a cent, and if you pay you are only opening yourself up as a easy target for the rest of your time there

  • halvey on 22/06/2021 - 08:28
    +7

    Your profile indicates you are in SA so you should check out - https://www.sa.gov.au/topics/planning-and-property/owning-a-…

    Part of which states…

    Although a fence is considered equally shared there is no legal obligation for your neighbour to contribute towards the cost of repairing, maintaining or erecting a fence unless:

    they have agreed to it
    the proper notices have been given
    a court orders them to.

    Generally you are only liable to contribute if you have received PRIOR notice that the fence is to be constructed.

    Cheers H…

  • Tehcookiemonsta on 22/06/2021 - 08:51

    Had a read from the whirlpool post listed above and it really seems like the other owner is asking for advice as well.

    Honestly you don't owe this person anything and the fact that he wants you to pay is just not right.

    • cantthinkofone on 22/06/2021 - 15:39

      I don't think they're related, the WP thread indicates the owner is an investor

      Over here OP said the guy came running out of the house so he probably lives in it

  • voiletmay on 22/06/2021 - 09:47
    +2

    That is ridiculous. You didn't have a choice in the fence, you were not part of the process of getting quotes. It happened years before you were even aware of the property. I really don't understand.

    Gee what a miserable introduction to your new estate. Really sucks.

    • pharkurnell on 22/06/2021 - 11:38

      Yep, wheres the 3 quotes for OP to approve one from..

  • Miss B on 22/06/2021 - 09:51
    -1

    Sounds like free fencing refers only to the fences they put up, they can't offer the fence the neighbour put up as a free fence, because it's not theirs. Do you want the fence? If you moved in at the same time as your neighbour, would you have paid half?

    If you would have paid half at the time, I think depreciated cost is reasonable. If it's not too much more, half the cost would go a long way in neighbour relations. This assumes you like the fence and it was a reasonable cost. Someone mentioned earlier about checking where the boundary is to make sure they haven't stolen any of your land, might be worthwhile.

    It sounds like you're going to be living next to each other for a long time. Take some time to think about it if your neighbour asks you to pay for or do anything else going forward, even if they think you're a pushover at first they'll realise that you're not, just a reasonable person who wants to get along with their neighbours.

    • lunchbox99 on 22/06/2021 - 13:53
      +1

      OP wouldn't know that they weren't already paid for half the fence by the previous owner. In any case, it was a matter between the neighbour and previous owner AT THAT TIME. If there was an ongoing fence dispute at purchase, the agent is obligated to disclose it on Form 1 (well they are in SA where OP is located).

      https://www.landservices.com.au/__data/assets/pdf_file/0022/…

  • ddhar on 22/06/2021 - 10:31
    +7

    How do you know the neighbor paid for the fence? For all we know, they may simply be trying to get money from OP over something they got for free.

  • burningrage on 22/06/2021 - 11:18
    +6

    Here I thought this is a case straight case and we have reached page 2 discussing this.

    Clearly OP you are not obligated to pay for the fence so politely tell him he can check with his solicitor.

    What an awful neighbour to demand payment on their first interaction with you. The lack of tack is astounding.

    • pharkurnell on 22/06/2021 - 11:38

      agree

    • jorf on 22/06/2021 - 12:37
      +1

      Here I thought this is a case straight case and we have reached page 2 discussing this.

      That's because despite being stated over and over that the debt doesn't transfer, there's still people offering alternative facts, and suggesting paying anyway to "keep good relations" (which is BS considering the neighbour has already outed themselves as a dick and it's STILL NOT THEIR DEBT).

      • burningrage on 22/06/2021 - 15:57

        Certainly.

        I wouldn't call a neighbour's first utterances of demanding payment be worth paying for to "keep good relations".

  • USER DC on 22/06/2021 - 11:31
    +1

    If it was me I'd just say mate you had none of my permission when you were building wall for me to pay any share of fencing price.
    I didn't even owned the property at time you created fencing.

    If you wanted to do fencing you'd have had to talk with previous owner who would have given his permission to remove fence between two properties. You can talk to him.

    Or if you just simply chose to remove fencing by yourself (without any permission from the owner of the this property) then the liability is on you. You yourself creating a problem (removing fence creating danger of passage/nuisance btw two properties).
    And you corrected yourself.

    Whatever the case at nowhere did I agree to pay you or anyone for any fencing cost

    how about
    if I pay your house now and you give me $1000 for just painting front of house (you don't agree for me to paint but I still paint anyway, and because I painted you owe me money)

  • pharkurnell on 22/06/2021 - 11:37

    There has to be a cut off point where people buying a property are no longer responsible for "things" that happened before they bought up.

    Or does everyone have to have an extra 100k laying round incase they get hit for 'things' when they make an offer on a property?

  • Heracles on 22/06/2021 - 12:26
    +1

    Do not pay a cent.

    I was in your neighbours position years ago. They have to accept the incurred costs of being the sole building at the time (such is life).

    You win some, you lose some.

  • syousef on 22/06/2021 - 12:28

    Well if you do choose to be nice and pay up, I don't think you'll need a doormat for your new property. Probably never again.

    Someone approaches you that way, you don't reward it. Unless you're looking to start a pattern?

  • Antikythera on 22/06/2021 - 13:27

    question for the normal situation of two existing homes that agree to build a fence.

    who gets the "good side" of the fence?

    does the person who doesn't get the "good side" deserve to get a slight discount?

    OP did you get the "good side"?

    • gromit on 22/06/2021 - 15:42

      depends on states/councils and who initiated/arranged the fence. Generally the good side goes to the neighbour though I don't think it is strictly a legal requirement and no that is not a determining factor in splitting cost. Though the OP has no legal obligation to pay anything in his situation as my understanding is you need to receive notice prior it being built as such any notice would have been served to the previous owner and the any legal agreement on costs between those parties is not his concern, perhaps if it is cheap enough he may want to contribute for easy relations with neighbour, but by sounds of it that is never gonna happen anyway.

    • john_conner on 22/06/2021 - 15:42

      There are guidelines based on weathering as to which side the posts should be on.
      If neither party can agree, can pay more for fence which is ‘good’ on both sides.

    • cantthinkofone on 22/06/2021 - 16:14

      they all alternate anyway so shouldn't make any difference right? If you have neighbours on your left and right side, the left would be the "good side" and the right will have the post and rails or vice versa.

      • anzacpaul on 23/06/2021 - 13:18

        People still build without "good neighbour" fencing? I thought it was standard these days.

  • giventofly on 22/06/2021 - 14:13
    +1

    Ugh. What a crap welcome to the neighbourhood.

    Feel for you, OP.

    Hopefully that was your last interaction with them.

    All the best with the build.

  • Aap Ke Papa on 22/06/2021 - 14:53
    +1

    Hell no. Would not pay a cent.

  • Sofie519 on 22/06/2021 - 14:59

    Why didn’t the neighbour track down or get an order for a half share under the dividing fence act with the old owner? Essentially, you paid for the fence in the property price.

    I have the same issue with my property, the neighbour paid for half of the length of fence, and didn’t ask the old owners for their share, because the previous owners were old and on a pension etc. so they expected that when it came down to it, I will pay for the rest of the length of fencing … I responded that their charity was not mine. I will go halves with the remaining length or it won’t get replaced. The way I saw it, I paid for the fence in the property price so NMP.

    It’s almost ridiculous that people expect incoming owners to settle previous owners debts or obligations.

    • cantthinkofone on 22/06/2021 - 15:45
      +1

      Because if the neighbour bought it from the developer like OP did, they likely signed a contract that said that purchasers can't claim fencing costs against the developer after settlement.

      Probably didn't realise it and when he put the fence up and tried to claim it back the developer pushed back so looks like he's trying his luck with OP after 3 years.

      It's scary how many issues are caused these days with neighbours over fencing disputes. Going through one myself with mine now so definitely have first hand experience.

  • shaybisc on 22/06/2021 - 15:14
    -1

    Knock the fence down then everybody will be happy.

  • Unacceptable on 22/06/2021 - 17:02
    +2

    Add another poll option “Catch - Bing Lee deal”.
    Accept the order and cancel later.

  • Breno785au on 22/06/2021 - 17:27
    +1

    Sounds like they waited for you

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