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 sad small umbrella

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 FizzlingFireboxes

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 bakesgirls

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

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

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 bakesgirls

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 sad small umbrella

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 bakesgirls

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

 

How a baby can survive alone for days on end

The baby found abandoned in a Sydney drain may have been alone for up to six days without being fed, leaving many asking how he could have survived.

When it begins to look a lot like Christmas

A child's excitement at Christmas time is a beautiful thing, but one dad ponders whether his toddler daughter is getting into the festive mood a bit too soon.

Hospital lets dads the experience some of the pain of childbirth

A new experience is radically altering men's views of childbirth.

Italian doctors questioned over formula bribes

Italian police have placed 12 doctors under house arrest on suspicion of promoting baby milk formula over breastfeeding.

Heartwarming prank gives single mum the house she was hired to clean

Cara Simmons arrived at work to clean a large and beautiful house in time for a party planned for that evening. It was soon hers.

Those special moments of sibling bonding

Every now and then your child does or says something that is truly memorable.

Why we should stop telling new parents to 'enjoy every moment'

A few weeks ago, some dear friends of mine had their first baby. As the proud dad texted me a picture I had to fight the natural instinct to say “Enjoy every moment!”

Baby monitor footage posted online

Footage of Australian babies and children sleeping in their bedrooms are among the images on a Russian site showing live feeds from thousands of homes and businesses around the world.

Did this new dad really hit on his wife's midwife?

Was there really a man who was actually there by his wife’s side as she laboured and gave birth to his child, all while he was making what he perceived to be meaningful eye contact with a midwife?

Keep calm and ignore the Tantrum Trolls

Tantrum Trolls are a small but growing species of predatory bottom-feeders who delight in picking on parents at their most vulnerable.

It's okay to never 'get over' the death of a loved one

The death of children, siblings, and parents has long term impacts on the rest of our lives.

What Mark Latham needs to know about depression and motherhood

In a bizarre bid for relevancy, Former Opposition leader Mark Latham has deduced that because one female journalist had this week light-heartedly thanked antidepressants and caffeine for getting her through a medical degree while raising two small children, that ergo, all 'inner-city feminists' are selfish harridans who despise their offspring.

'We're just trying to keep our child alive': life with FPIES

We have a beautiful seven-month-old son, and his allergy rules our life.

Transgender dad breastfeeds his babies

A transgender man who breastfed his first baby - despite having his breasts removed as part of his transformation from female to male - has now had a second child.

Couple face $1 million medical bill and bankruptcy after babymoon birth

A Canadian couple were slammed with a million dollar medical bill after their daughter was prematurely during their babymoon.

Win one of 5 Little Tikes Cozy Coupe Sport

Australia?s No 1 selling car is now available in a Sports model and we have 5 to give away to some lucky Essential Baby families.

Cigarettes, junk food dominate supermarket sales growth

One in every five dollars spent at supermarkets goes on cigarettes or junk food, according to industry data.

Teacher under fire for breastfeeding in class

There is no doubt mums have a right to continue breastfeeding after they have returned to work, but one teacher in the US has taken it to the extreme.

Video: Baby sniffs beardless dad to make sure it's him

She looks him up and down and then touches his chin, but baby Lindsey still isn't sure this clean-shaven man is her dad.

The tragedy of losing a favourite teddy bear

We were green and uninitiated, perhaps a little naïve when it came to the favourite toy responsibility.

It's possible to workout while pregnant

Medical experts say intense fitness routines can be done safely during pregnancy - if the mums-to-be follow some guidelines.

Baby for Asher Keddie and Vincent Fantauzzo

Fans followed every step of her on-screen pregnancy in Offspring, now Asher Keddie is going to be a mum in real life too.

What parents really want for their kids

Are our hopes, dreams and expectations for our children what they really need?

'I had a feeling something was seriously wrong': the fight for Kaden's diagnosis

Before even giving birth, Katie Myers' maternal instincts warned her something was wrong with her baby.

Win a family pass to Disney Live!

We have 4 family passes to give away to see Disney Live! presents Three Classic Fairy Tales, touring Australia this December/January.

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 one of 5 Little Tikes Cozy Coupe Sport

Australia?s No 1 selling car is now available in a Sports model and we have 5 to give away to some lucky Essential Baby families.

Join PADDINGTON on the red carpet!

To celebrate the release of PADDINGTON, we are giving five lucky winners the chance to win a family pass to the exclusive Australian Premiere in Sydney on December 7!

When your pregnancy causes a relationship rift

Some dads-to-be don't miss a beat when their partner is pregnant; others struggle with a range of issues and can become withdrawn, right when their support is needed most.

Couple uses group photo trick to announce pregnancy to loved ones

Katharine and Kris Camilli devised a clever trick to immortalise their family and friends' reactions to their exciting pregnancy news.

Why Tracey Spicer has given up make-up

"After 30 years on television, I had become what I despised: a painted doll who spent an hour a day and close to $200 a week putting on a mask."

Knowing you are one of the lucky ones

I am secure, confident and strong, but the responsibility of protecting my children can almost bring me undone.

Why I am so emotional now I have kids?

There are so many ways in which parenthood changes us as women, but one of the most noticeable, for me, has been the changing state of my emotions.

Baby survives despite sharing womb with 'foreign body'

Baby Maia was conceived against the odds, only to find she was sharing a womb with an ominous "foreign body".

Video: Baby shows dog how to jump - or vice versa

They say dog is man's best friend, but this playful pooch seems to have chosen a jumping baby as her number one buddy.

10 ways to soothe a crying baby

New paernts can get frustrated when their newborn gets fussy and can't settle down. When you're feeling overwhelmed, try some of these simple tips to help soothe your baby.

20 baby names that are becoming more popular every year

The data-lovers at nameberry.com have been at it again – this time, they’ve discovered the names that are continually rising up the ranks, ready to take out some top spots in the next few years.

10 great meals to make for new parents

Ideally, you want to give food that isn’t expensive to make, isn't too difficult to create, and freezes well; stews, bakes, soups and pasta sauces are perfect.

'It's not you, it's me': Boston bombing survivor mum to have leg amputated

Rebekah DiMartino is going through a break-up. She even wrote a farewell love letter. But it's not to her husband.

What it's like to go through early menopause

In a cruel twist, Carla had been breastfeeding and perimenopausal at the same time. But she's far from the only one to go through menopause early.

Weird pregnancy products

Some pregnancy products come to market and are just awesome. Others just leave you scratching your head.

Restaurant served alcohol to two-year-old

Busy restaurants can be forgiven for getting food and drink orders mixed up from time to time, but not when the confusion leads to a two-year-old being served an alcoholic cocktail instead of the child-friendly beverage they ordered.

Julia Morris tells of miscarriage on a flight

Julia Morris has spoken about the devastation of suffering a miscarriage while on an international flight.

Woman's survival after birth 'a story of two miracles'

A US mother is home and tending to her new baby less than a month after surviving without a pulse for 45 minutes.

Best maternity swimwear and beach cover-ups

Thinking about a tropical babymoon but have nothing to wear? Here are some great swimwear and beach cover-up options for mums-to-be.

Model's bath photo 'inappropriate'

It was a seemingly innocent photo of a family in the bath - but Facebook wasn't happy.

 

How many weeks til Christmas?

On your To-Do list

Get the "Santa" shopping done without the kids in tow.

 
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.