Jump to content

What are my rights in this situation?
Neighbour issue


  • Please log in to reply
95 replies to this topic

#1 jill1972

Posted 29 November 2012 - 04:21 PM

I received a voicemail on my phone today.  It was from our old neighbour where we used to live but is now our investment property.  He's telling me that they're getting new fences put up on their property & the side which borders our side will be up by the end of next week & he wants us to split the cost  half each.  Ok, this is the first I've heard of this, we've not been shown any quotes, not discussed which type of fence or colours etc.  No discussion whatsoever.

I don't understand why they've gone ahead without our permission as we were very good friends.  I would never start something like that without the approval of my neighbour!  I phoned the wife of the couple with whom I'm very friendly with & she pretty much said she's not handling it & that she left it to her husband & she'd get him to call me back.  I asked her how much it was going to cost & what colour & she said she didn't know ......I don't really believe that.  So now I'm waiting for this phone call & feeling very anxious.  What if it's really expensive, what if we hate their  style & colour choice????  I'm feeling really sick about it, I hate confrontation.  What are my rights here?


______________

#2 Feral Nicety

Posted 29 November 2012 - 04:27 PM

Check your council guidelines.  They cannot do this without agreement in advance.  They must discuss it with you.

Our council guidelines are clear that if you go ahead with the fencing you cannot claim--we also have the situation where the party who builds the fence without consent can be required to tear it down and build it within their own fenceline.

#3 Georgie01

Posted 29 November 2012 - 04:30 PM

If you're in Vic the rules are all here (I Googled "boundary fence") and, as the PP said, your Council can help. It's fairly black and white - I guess because this is a common issue between neighbours.

#4 Bwok~Bwok

Posted 29 November 2012 - 04:31 PM

I think it's a bit rude they didn't advise you.

With the old picket fencing at our house, DP had to provide a quote (with colours) and the 'workings' on how much each share was (4 properties). From memory they had 6 weeks to pay, but i could be wrong on that. But he gave them about a 3 months heads up before doing it though.

ETA: and yes he needed their approval, which in our case wasn't hard as the picket fencing was falling apart

Edited by Bwok~Bwok, 29 November 2012 - 04:34 PM.


#5 mummy.to.one

Posted 29 November 2012 - 04:34 PM

They really should have consulted you and discusses what you each wanted in regards to material and colors. Not sure if they legally had to but it's nice to think they should have.

I'm pretty sure, if they have some ridiculous quote, you can obtain another one, and only pay half of the cheaper option. I know our neighbours when we had our fences replaced, wanted the lattice part on top of the colorbond, they paid for that.

If a wooden fence is cheaper than you only pay the price for that not the more expensive one. But better to get that checked.

#6 bakesferalgirls

Posted 29 November 2012 - 04:34 PM

From what I have heard on this subject in the past, if the current fence is still in working order, not broken or falling to bits, you don't have to pay for anything. If the neighbour wants new better looking fences, that's their problem and it's up to them to pay for it.

If the fence is broken, you are not obligated to pay for a more expensive type of fence, just half the cost of repair or half the cost to get the fence replaced with like for like (if that makes sense). So you can't be expected to pay half if your fence was wooden, but the neighbor wants a colour schemed colour bond fence to match their roof and the roses growing in their yard. They would have to pay the difference in increased cost due to wanting something more expensive than is what is currently there.

They also can't just arrange a new fence without getting quotes and getting you to agree to it. They can't just hold out their hand and expect you to pay for their choice.



#7 niggles goes feral

Posted 29 November 2012 - 04:35 PM

Go to the council website and look for the dividing fences act information.

In my council, you don't have to agree to replace a fence that doesn't need replacing. If someone else wants to do it then, unless they get you to agree to it, they pay for it themselves.

If they want you to pay half then you get input into what type of fence, what quotes to get and which one to accept. Assuming you agree.

Your neighbour is being heavy handed I think. Or didn't tell you about a damaged fence. If the fence was damaged you'll have to pay but they should have let you know so you can have input into quotes and fence type.

#8 whoisme

Posted 29 November 2012 - 04:35 PM

They must get your permission first.

They are responsible for the total cost of the fence as they did not provide you with quotes nor get your agreement to go halves.

#9 opethmum

Posted 29 November 2012 - 04:35 PM

We had that done by neighbours, if you do not live there any more I would honestly let it go re the colours, you do not have to put up with the condition of the fence and decor of the colours.
I would just pay the difference and you know get on with the rest of your life and just build that bridge and get over it. Stop making it bigger than it needs to be. Just be grateful they took care of the arrangements and that your privacy was not compromised in the building of the fence.


#10 Mootmoot

Posted 29 November 2012 - 04:40 PM

I second checking with your local council.

It's also my understanding that it should be agreed in advance for them to be able to charge you half.  However, they may still be able to take some civil action to recover costs, especially if the old fence wasn't fit - it will then be up to the legal body (i.e. magistrates' court or VCAT-type tribunal) to determine how much you will pay.

If you think a new fence was necessary, how about offering them what you think is about half of the cost of the type of fence you would have wanted? Then there's much less incentive for them to have the costs and inconvenience of taking legal action.

This is a good resource for Victoria http://www.fencingonline.com.au/disputes/victoria.htm.

Bit weird of your neighbours to do this when you have a good relationship.  Not very sensible.

#11 niggles goes feral

Posted 29 November 2012 - 04:42 PM

QUOTE (opethmum @ 29/11/2012, 02:35 PM) <{POST_SNAPBACK}>
We had that done by neighbours, if you do not live there any more I would honestly let it go re the colours, you do not have to put up with the condition of the fence and decor of the colours.
I would just pay the difference and you know get on with the rest of your life and just build that bridge and get over it. Stop making it bigger than it needs to be. Just be grateful they took care of the arrangements and that your privacy was not compromised in the building of the fence.


Not everyone has a spare $1000 lying around to be spent at one weeks notice. Which is why people have rights in this situation. If that had happened to me I would not be parting with a cent and then getting on with my life. I certainly would not be grateful to my neighbours for replacing a perfectly useful fence just because they feel like it and expecting me to share the cost. I'd consider it a waste of resources.

#12 bakesferalgirls

Posted 29 November 2012 - 04:43 PM

QUOTE
We had that done by neighbours, if you do not live there any more I would honestly let it go re the colours, you do not have to put up with the condition of the fence and decor of the colours.
I would just pay the difference and you know get on with the rest of your life and just build that bridge and get over it. Stop making it bigger than it needs to be. Just be grateful they took care of the arrangements and that your privacy was not compromised in the building of the fence.

Even if there is nothing wrong with the current fence? Why should the OP have to pay if there's nothing wrong?

OP, I'm assuming you have tenants if it's your investment property? Can you speak to your REA (or tenants if it's a private rental) and ask if the fence is still OK, and check if it's damaged in any way?

Edited by bakesgirls, 29 November 2012 - 04:43 PM.


#13 Jacina

Posted 29 November 2012 - 04:44 PM

yup you don't live there, the cost isn't going to be astronomical, unless he installs a purple and pink diamond encrusted fence I would let it go.

#14 Feral Nicety

Posted 29 November 2012 - 05:02 PM

But why should she suck up any amount without consultation?  It doesn't work like that.

#15 Jacina

Posted 29 November 2012 - 05:09 PM

QUOTE (Balzac @ 29/11/2012, 05:02 PM) <{POST_SNAPBACK}>
But why should she suck up any amount without consultation?  It doesn't work like that.


It's an investment property. She's not going to live there. If she really wants to challenge him she can, she has a right to choose what fence goes in, but really why would you bother? Simply because it's your right to?

#16 *LucyE*

Posted 29 November 2012 - 05:18 PM

If the current fence is in working order, I'd be taking photos now as proof.

I wouldn't pay for work that isn't necessary and I hadn't been consulted about.

And we have paid for fencing part of our property without asking our neighbours to contribute. They were satisfied with a dodgy wire fence. We wanted 6ft to contain our (friendly) dog. So we paid for it all.

#17 bakesferalgirls

Posted 29 November 2012 - 05:21 PM

QUOTE (Jacina @ 29/11/2012, 05:09 PM) <{POST_SNAPBACK}>
It's an investment property. She's not going to live there. If she really wants to challenge him she can, she has a right to choose what fence goes in, but really why would you bother? Simply because it's your right to?


Just because she doesn't live there, that doesn't mean that she should just cough up funds that she may not neccesarily have. If there's nothing wrong with the fence, then she should have to pay anything.

It's not about choosing what type of fence as a replacement. It's that the current one may be fine, in perfect working order, but the neighbours just feel like a change. If that's the case, then that's their problem, not hers.

If your neighbour wanted a new fence to match their landscaping or whatever reason, and the fence you had was fine and was not broken or needing replacement, would you be happy to cough up for their choices?

#18 Madnesscraves

Posted 29 November 2012 - 05:21 PM

IP or not she has a right to be consulted in a new fence going up. LL do like their place to look good. A fence that clashes horrible with house can devalue the rental
Income.

OP. you have rights and he should have consulted you. Both of you should have signed a quote. Not just him. I'd speak to council and find out what your rights are. I'm pretty sure he can't make you pay.

#19 Luci

Posted 29 November 2012 - 05:23 PM

OP I agree with some of the other posts - you are only legally required to pay for a new fence or repairs to the existing fence if the fence is in poor repair and the work is essential.

Are you aware of the current condition of the fence - does it need to be replaced? Can you head over to the property and have a look & take photos?

When you speak to the neighhbour I personally would not say too much initially. I would just find out what he is proposing in terms of materials and cost and say you will talk to your DH / have a think about it etc and let him know. Then speak with the council and decide how you wish to proceed.

Good luck,

Luci

#20 Coffeegirl

Posted 29 November 2012 - 05:25 PM

QUOTE (Jacina @ 29/11/2012, 06:09 PM) <{POST_SNAPBACK}>
It's an investment property. She's not going to live there. If she really wants to challenge him she can, she has a right to choose what fence goes in, but really why would you bother? Simply because it's your right to?


Exactly.  It is still HER property. Just because the OP doesn't live there doesn't mean the new fence won't affect the property value.   If they put in a dark green fence on one boundary and the rest of the fencing is tan, then it looks odd.  And if it's colour bond you can't just paint it on your internal side.

The OP should have been consulted before the neighbour organised it and he shouldn't be expecting them to pay any part of it if they haven't been included in the decision.

#21 cezanne

Posted 29 November 2012 - 05:26 PM

An investment property doesn't mean a pot of gold is available.

She doesn't live there - so what?

The point being that she is expected to pay for something that she has had no input into and may not need (ie if the existing fence is in good condition) - regardless of what it looks like.

I would not be happy about it at all. They could knock themselves out with a new fence but I wouldn't be paying a cent. Especially with such short notice.


#22 qak

Posted 29 November 2012 - 05:31 PM

QUOTE (Jacina @ 29/11/2012, 05:44 PM) <{POST_SNAPBACK}>
yup you don't live there, the cost isn't going to be astronomical, unless he installs a purple and pink diamond encrusted fence I would let it go.


Our colourbond fence was$9,000, ten years ago, so I would be checking the price! We paid for the whole lot so s could pick the colour.

#23 LJA_2012

Posted 29 November 2012 - 05:32 PM

If there is nothing wrong with the fence you have I wouldn't pay a cent! How rude of them if there is something wrong with the fence that isn't fixable I would be saying that we will be looking at quotes ect and come to a compromise with the colours and only then would I Pay half.

But if they really want to put it up just because they want a new fence but there is nothing wrong the existing fence I would let them but I would also be saying I'm not paying.


Op let us know how it goes

#24 jill1972

Posted 29 November 2012 - 05:35 PM

QUOTE (Jacina @ 29/11/2012, 05:09 PM) <{POST_SNAPBACK}>
It's an investment property. She's not going to live there. If she really wants to challenge him she can, she has a right to choose what fence goes in, but really why would you bother? Simply because it's your right to?


I don't think it matters whether we live there or not, it's still our property & all they had to do was consult with us too.  I can guarantee they wouldn't like it if we did this, I'd never have the balls or impoliteness to do that anyway.  My  FIL is living there, I've not noticed any damage, but I haven't been there for a while now. Anyway, I'm still awaiting this phone call.  And no we don't actually have pots of money lying around at the moment especially with Christmas around the corner so the money side of it is a concern.


____________

#25 jill1972

Posted 29 November 2012 - 05:37 PM

Just to add as well, they've only just notified us at this very late stage, so it's already been ordered & too late for anything to get changed.


___________




1 user(s) are reading this topic

0 members, 1 guests, 0 anonymous users

 

Share the little things that make you smile

We're giving away a Mountain Buggy nano, the ultimate travel stroller - and here are some of the great entries so far.

Toddler pleads for return of "stolen" nose

A two-year-old's reaction to a game of "got your nose" shows it doesn't take much to make a toddler cry.

The 15 photos new parents share (and five they don't)

From the first scan photo to the baby covered in cake at their first birthday party, there are 15 photos most parents seem to share - and some they don't.

Doctor sings first Happy Birthday to newborns

His job is to deliver babies, but this US obstetrician also has a unique way of celebrating the miracle of life.

Breastfeeding friendly café goes viral

A photo of a breastfeeding-friendly sign in a cafe has been posted to Facebook and shared by hundreds of mums around the world.

First look at the Bugaboo Bee3

The newest Bugaboo Bee ? the Bee3 ? offers a variety of improved features, including a much asked-for bassinet and a rainbow of colour combinations.

Childcare costs, not paid leave, the real issue for parents

Given the choice between maintaining their wage for six months to have a child, or having a reduced rate of pay for a time but a better deal on childcare when returning to work, there are no odds on what most working parents would choose.

Win a Mountain Buggy nano

We?re giving away the new Mountain Buggy Nano - the lightweight travel buggy! So show us the little things that make you smile for your chance to win.

We lost three babies in two years

Our first pregnancy ended the way we all expected it to - with a healthy, happy baby in our arms. What a true blessing he was, for we were not to know the heartache we were about endure.

Family turned back from doomed flight MH17

'There must have been someone watching over us and saying, 'You must not get on that flight,' says mother who narrowly avoided boarding the Malaysian Airlines flight which exploded in mid-air over the Ukraine last night.

The myths and facts about "normal" breastfeeding

When it comes to successful breastfeeding, there is a wide variety to what is "normal", according to new research.

Adorable Skeanie loafers for kids

Your little toddler or preschooler can now get their nautical on with a new range of classic loafers by Australian show brand Skeanie.

My baby is hypermobile

For months, I have been telling myself not to worry that Jasmin isn't crawling or walking. This week I heard the term hypermobile for the first time.

When you don?t bond with your baby

They say that there is no bond greater than the bond between a mother and her child. But for some women, the mother-baby bond takes more time and effort to develop.

Yumi Stynes: Having a baby after a 10-year break

After a long break, Yumi Stynes gets a reminder of the pain - and the pleasure - of giving birth.

Grieving father asks for help to Photoshop his daughter's image

When Nathan Steffel's daughter Sophia died from a liver condition at just 6 weeks old, he reached out for someone to create a beautiful image of his little girl.

Raising kids in a 'low media' home

Can you imagine a life without TV or computers? Some parents are opting for a low-tech, screen-free life for their kids.

Download now: Essential Kids Activity Finder app

Got bored kids? Quickly find the best activities for kids wherever you are in Australia with the Essential Kids app.

 
Advertisement
 
Advertisement
 
 
 

What's hot on EB

Win a Mountain Buggy nano

We?re giving away the new Mountain Buggy Nano - the lightweight travel buggy! So show us the little things that make you smile for your chance to win.

Be careful what you say, your baby is listening

The importance of speaking to your baby even if they are not old enough to answer back has been highlighted by new research.

Win $1000 with Sea-Bands!

Three lucky fans can win a Sea-Band prize pack valued at over $1000 each, which includes two Sea-Bands plus a $1000 Eftpos gift card!

The beautiful moment a baby was born at the side of a road

It's not where she expected to give birth, but mum Corrine Cinatl is delighted that her daughter's roadside arrival was captured in a series of beautiful photos.

Doctor sings first Happy Birthday to newborns

His job is to deliver babies, but this US obstetrician also has a unique way of celebrating the miracle of life.

Join the Real Mums Test Drive Team

Five mums or mums-to-be will join the EB Test Drive Team and discover great items at an exclusive Big W event. (Sydney only.)

The Nappy Collective starts new drive

It's that time of year when the dedicated volunteers at The Nappy Collective do their bit to help out mums and children in need - and they need your help.

Baby shower cake wrecks

From misshapen cake babies to questionable text, from odd colour choices to internal organ recreation, these are the baby shower cakes that taste forgot.

Photographer captures the beauty of adoption

The love of a family is usually tough to capture on camera. This is an exception.

Pregnancy progression photo ideas

Want to record your pregnancy as your belly grows? Here are some creative, fun ideas for photo shoots along the way.

The myths and facts about "normal" breastfeeding

When it comes to successful breastfeeding, there is a wide variety to what is "normal", according to new research.

Tin can craft and DIY ideas

Got a few old formula, Milo or coffee cans around the house? Use these fantastic upcycling ideas to create items for around the house and yard.

Dads meet their newborn for the first time

Emotional photos of two fathers meeting their newborn son have resonated with viewers worldwide, attracting thousands of Facebook likes and shares.

Skin safety isn't just a summer worry

Lax about the slip slop slap with your kids as weather turns cooler? Here's a reminder as to why we have to remain vigilant for our children?s future health.

Personalised baby gifts

We've scoured the internet to find gorgeous personalised keepsakes and nursery decor to record baby name and dates. They make great gifts for christenings, name days and birthdays! (All prices in AU.)

Creative sleeping baby photoshoots

See how some parents and photographers have captured sleeping babies in unusual positions and using different props.

DIY kitchen and food hacks

DIY your way to a better kitchen and make cooking easier with our clever hacks. (Some content reproduced with permission from mashable.com.)

Winter warmers for babies and toddlers

Your baby or toddler will be nice and snug in these beautiful and fun winter pieces. Most are hand-made or knitted, and they're all designed to keep your little one toastie - and adorable!

 

Mind, body, beauty, life

Making time for me

We look at your wellbeing, covering health, relationships, beauty and fashion, mind and body.

 
Advertisement
 
 
Essential Baby and Essential Kids is the place to find parenting information and parenting support relating to conception, pregnancy, birth, babies, toddlers, kids, maternity, family budgeting, family travel, nutrition and wellbeing, family entertainment, kids entertainment, tips for the family home, child-friendly recipes and parenting. Try our pregnancy due date calculator to determine your due date, or our ovulation calculator to predict ovulation and your fertile period. Our pregnancy week by week guide shows your baby's stages of development. Access our very active mum's discussion groups in the Essential Baby forums or the Essential Kids forums to talk to mums about conception, pregnancy, birth, babies, toddlers, kids and parenting lifestyle. Essential Baby also offers a baby names database of more than 22,000 baby names, popular baby names, boys' names, girls' names and baby names advice in our baby names forum. Essential Kids features a range of free printable worksheets for kids from preschool years through to primary school years. For the latest baby clothes, maternity clothes, maternity accessories, toddler products, kids toys and kids clothing, breastfeeding and other parenting resources, check out Essential Baby and Essential Kids.