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 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 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 I learnt to relax about routines

After many routine-led, tough years, we've realised that being parenting isn't about being perfect. It isn't about following a schedule to a T.

Should you have a third child or not?

I thought our family had been complete with our two boys. I had no idea how much I needed my daughter until she was here.

Helping a toddler embrace an adopted sibling

A single parent by choice, I am preparing to adopt a second baby from Morocco. And I face a special challenge.

When pregnancy messes with your self-esteem

Pregnancy doesn't make all women feel beautiful. It certainly doesn't raise every woman's self-esteem.

Join us in The BIG nappy change

Introducing the new Coles Little Explorer Nappies! You can confidently rely on Coles Little Explorer nappies at each stage of your child's growth, so take the Big Nappy Change and try new Coles Little Explorer nappies for yourself!

Robbie Williams live tweets wife's labour

And the award for most patient woman in labour goes to ... Robbie Williams' wife, Ayda Field.

Vaccine ignorance is deadly and contagious

In the absence of credible, strong political leadership, paranoia about disease can go viral.

Parenting differently based on birth order

All children have unique personalities, but keeping birth order in mind could help when parenting.

How to get rid of the mum guilt

Motherhood and guilt seem to go hand in hand, but there are ways to focus

Paid parental leave scheme grinds to a halt

The future of Prime Minister Tony Abbott's paid parental leave scheme appears to be up in the air, despite the fact it is due to begin in less than nine months.

The devastation of foetal alcohol spectrum disorders

No one's sure how many Australians are affected by foetal alcohol spectrum disorders, but the consequences for those who are can be devastating.

The pros and cons of finding out the sex of your unborn baby

It’s often one of the biggest choices parents make during the course of their pregnancy; to find out, or not to find out, the sex of their baby before it’s born.

Toddler's awesome dress up month

Two-year-old Willow and her photographer mum, Gina Lee, made October "Dress Up Willow Month". She posted photos of Willow's costumes on her Instagram account, and her creative takes on popular culture are simply adorable.

Childhood around the world

It can be easy to assume our ideas around childhood are universal, but they are particular to where we live, as these practices show.

Best picks for baby and toddler shoes

Here's a great selection of footwear from pre-walker to walker ensuring comfort and style for growing feet.

I lost my wife and daughters to Ebola - then it came for my son

Sunday, September 21, is a day I will never forget.

The 'yucky' illness that took over my life

I have a chronic illness nobody likes to discuss. It involves toilet talk, and probably caused my miscarriage. But it needs to be talked about.

Prenatal testing: the facts

Prenatal testing is done to check if a baby has certain medical conditions before birth. Here is some important information about what the tests are for and the risks involved.

5 things to do with your baby?s old clothes

Did you think your only option for your baby?s old clothes was to pack them away or give them to the Salvos? Think again.

Why it's possible to not realise you're pregnant until the baby arrives

After hearing about 'surprise babies' born to mums who didn't know they were pregnant, it's common to ask "how did she not realise?" But experts say it's entirely possible for it to happen.

'My miracle is finally here'

How has the world continued on its pace when mine has been altered so drastically?

Dairy can help older women fall pregnant: study

Ice cream may be the ultimate comfort food, but a study suggests it could also help older women to have children.

Megan Gale goes topless for 'sexiest people' cover

Six months after a heavily pregnant Megan Gale posed nude for Marie Claire, the glowing new mum has gone topless for the cover of another magazine.

A new perspective on life from living with two diseases

A mother shares her personal story about the difficulty of living with two conditions, one of which stops her from being able to see her daughter's face.

Warning about Children's Panadol dosage

The Therapeutic Goods Administration has issued a safety advisory warning parents about confusion when using the dosing syringe supplied with Children's Panadol.

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

Take 'The Coles Big Nappy Change' Challenge

You could become part of our Test Drive team and win one of 200 packs of Coles Little Explorer Nappies as part of our 5-day challenge.

Win 1 of 5 Canon Powershot D30 cameras

Capture life more easily with the Canon Powershot D30. Shockproof, waterproof and dustproof, you can take it almost anywhere and shoot beautiful images, time after time. Enter now!

16 parenting truths you won't find in the baby books

I am five years into this parenting gig and I’ve learnt that sleepless nights and changing dirty nappies are child’s play.

Best and worst potty party cakes

It's nice to celebrate a child making the shift from nappies to 'big kid' undies, but do we really need a semi-realistic used toilet cake to do it? Here are some of the best and worst cakes parents have used at 'potty parties' around the world.

7 tips for a financially festive Christmas

Plan ahead - and do it now - to ensure festive season expenses don't break the bank.

'Go the F*** to Sleep' author's new book for frustrated parents

A sequel is coming soon to the 2011 hit book 'Go the F*** to Sleep' - and this time, it's about mealtimes.

Great birthday party buys from Etsy

Handmade crafts to decorate and personalise your child's next birthday - from banners to cake decorations, we've got gorgeous party finds from Etsy.

Join us in The BIG nappy change

Introducing the new Coles Little Explorer Nappies! You can confidently rely on Coles Little Explorer nappies at each stage of your child's growth, so take the Big Nappy Change and try new Coles Little Explorer nappies for yourself!

Creative storage ideas for the kids' rooms

Creative and practical storage ideas for the kids' toys and books can also add some stylish decor to your home. Visit babyology.com.au for more stylish modern finds for hip kids & parents.

Weird trend

Couple has five babies in 14 months

Julie and David Grygla weren't sure they'd ever have kids - but their dreams have now well and truly come true.

To the mum in the doctor's waiting room

Maybe the mum I saw in that waiting room, seemingly disconnected from her baby, doesn’t have the support she needs.

10 space-saving nursery ideas

Starting a family doesn't always mean moving into a bigger house - not yet, anyway.

 

What's in a name?

Baby Names

Looking for a classic name, or an unusual name? Our Baby Name Finder is for you, search or browse to refine your shortlist.

 
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.