Jump to content

Another fence question - flood edition!


  • Please log in to reply
10 replies to this topic

#1 asdf89

Posted 27 January 2013 - 11:22 AM

So.... my mother lives on a couple of acres on the side of a hill, at the foot of the hill the boundary fence is shared with standard 1/4 acre blocks.

She recently refenced her block (preparing to sell), just replacing the existing fence (star pickets and three wires). One part of the fence line runs along a creek. This morning, Mum walked the boundary to see the damage from the rains and noticed that one neighbour has put up wire netting (like sheep fencing) on his section of the fence. Unfortunately this is a section of the fence that goes along the creek, and the creek has burst its banks and the netting has caught all the debris from the creek and pulled the fence over. This is the only section of the fence along the creek that has come down.

Given that the rest of the creek fencing is still standing, I think it's safe to assume that the addition of the netting (which caught the debris, restricting water flow and adding weight to the fence) is why it came down.

Additionally, my mum doesn't have a good relationship with this neighbour, as his dogs came onto her land and killed some chickens. When confronted with his dog eating said poor chook, and the trail of feathers leading from mum's property to his, his reaction was 'Well they are free range chickens. What do you expect?'. Mum then rang the council and the dogs are now classed as dangerous and need to be kept inside a fenced area at all times.

So my questions are... who should pay for the fence to be repaired? And (assuming that the answer is the neighbour,or at least splitting the cost) how should mum tell this guy, given the difficult relationship?

#2 LittleMissPink

Posted 27 January 2013 - 11:31 AM

So the neighbours netting has damaged other poperties fencing as well as his own? I would get the council out to look at it and tell the neighbour

#3 JRA

Posted 27 January 2013 - 11:39 AM

Given a fence with star pickets and three wires doesn't really count as a fence, I think it is perfectly reasonable to put up netting. Sadly that does mean that for floods it causes problems - been there done that.

Generally something like that would be both people needing to pay for the fence.

ETA: But yes, talk to the council

Edited by JRA, 27 January 2013 - 11:40 AM.


#4 unicorn

Posted 27 January 2013 - 11:45 AM

He will have to fix it in order to keep his dogs contained wont he? For now your mum needs to ensure her chickens are safe and see what action the neighbour takes, if after a couple of days he doesn't do anything about it, contact council and see what they say, but give him time to fix it first.

#5 erindiv

Posted 27 January 2013 - 11:48 AM

Did he put up the mesh to keep his dogs in?

I wouldn't count star pickets and three strands of wire to be a good fence. Dogs could come and go through that as they please.

#6 JustBeige

Posted 27 January 2013 - 01:56 PM

I would cut out/off the offending mesh and leave it on his side of the fence and re-wire the bits where the cuts are made and just replant the star pickets.   The would have fallen anyway if the ground was soft and if anything large came down, the 3 wires would have caught them too.  

As PP said, its not really a fence, just a division of boundary, as 3 wires dont keep the dogs out.

If he put the mesh up to keep the dogs in his yard, then he needs to know what happened so he can fix it.   I would ask him to build his own as the star pickets obviously dont cope with the weight of both fences.

As he is known to council, I would also call them for advice about what needs to be done.

#7 asdf89

Posted 27 January 2013 - 02:32 PM

It's a rural area, so star picket fences are pretty standard, as they are generally serving the purpose of keeping livestock in and then the majority of properties have houseyard fences to keep in the smaller animals/kids. The neighbour has a house yard where the dogs are kept, so the wire netting wasn't to keep the dogs in (and as it wasn't pinned/buried into the ground, it wouldn't have done that anyway). Also the chooks have been given to a friend so they aren't at risk/are now living a happy free range life again. I only told the dog v. chook story to give a background of the tensions in the neighbourly relations.

The fence won't be replaced until the ground dries out, so that could be a while. So the question is: given that the modifications he made to the fence is why it came down (given that it is the only section of the creek fence that came down - all the non-modified sections are still standing) should he foot the whole cost? Or in the interest of keeping the peace, should they split it?

(it's approx 30m of fence)

#8 Overtherainbow

Posted 27 January 2013 - 02:50 PM

The star pickets should still be fine so it woul only be wire cost.  I'd ask him to go halves in the wire.  I also wouldn't count 3 plain wires as a useful rural fence.  I can't see it keeping any animal out, so I expect it would be in his rights to ask for more wires to be placed in it at shared cost.

#9 JRA

Posted 27 January 2013 - 02:54 PM

QUOTE
It's a rural area, so star picket fences are pretty standard, as they are generally serving the purpose of keeping livestock in and then the majority of properties have houseyard fences to keep in the smaller animals/kids.


As a farm girl, I would not call star pickets and 3 wires a fence.  Sure a fence has droppers between posts, but 3 wires...  And that is the challenge always with fences that cross creeks.  How do you stop stock, and not have it run away in the flood.

But either way, I would expect both people to pay. But it doesn't sound a huge cost or effort to fix it either

#10 EuphoricDysphoria

Posted 28 January 2013 - 01:57 PM

QUOTE
Given a fence with star pickets and three wires doesn't really count as a fence,

So using that logic star pickets and barbed wire between paddocks wouldn't count either yet may rural properties have this between neighbours. They may have slim posts at intervals but the majority of property fences are three to four strands of barbed.

Check with the council and the diving fences act in her state and take it from there.



#11 Furthermore

Posted 29 January 2013 - 07:20 AM

It is a fence, regardless of whether it keeps dogs out.  However, to keep the peace, I'd probably fix it myself.  Unless it is inside your mums property and not on the property line then it is his fence too and he can put mesh on it if he wants to.  If it is on your mum's property she is well within her rights to stop him putting mesh on it again.




1 user(s) are reading this topic

0 members, 1 guests, 0 anonymous users

 

Life with anxiety

At times, I feel pretty worthless. In those moments, all I want to do is curl up into a ball and hide in the dark. I can try to quiet my mind, but it won?t shut up.

IVF leaves woman pregnant with another couple's twins

An Italian woman has been told the twins she is three months pregnant with are not hers.

'My mother-in-law found out our baby's gender behind our backs'

My husband and I mutually decided that we didn?t want to know our baby's sex before the birth, but his mother couldn't handle that.

What you need for the 'fourth trimester'

In my opinion, the first three months after the birth are the most intense. Here's what got me through that time after welcoming my baby.

Weaning a toddler off a dummy: a 15-day plan

Weaning your child off the dummy can be a traumatic experience for both of you. Here are some tips to help you through.

Choosing to be a solo parent

Two women share their stories of longing for a baby so much that they each decided not to wait for a partner before becoming a mum.

Asphyxia link another piece of the SIDS puzzle

An Australian study has uncovered information which could lead to a better understanding of why babies die from Sudden Infant Death Syndrome.

Rescue dog Zoey and BFF Jasper star in adorable pics

Photographer, self-professed "crazy dog lady" and mum Grace Chon takes photos of rescue dog Zoey and her 10-month-old son Jasper together. The results are just too cute. See more on Instagram @thegracechon.

The ultimate travel stroller: the Mountain Buggy nano

We tried the Mountain Buggy nano and give it an enthusiastic thumbs up. As the ultimate travel stroller, it's practical, has great features, and looks fab, too.

Mum's heartbreak as son dies in road accident

Daly Thomas and her two young sons were walking home from church on Tuesday afternoon. Her youngest son never made it.

New Kate Spade baby bag designs

Don?t adjust your screen: this bright beauty is coming to you in full colour.

Easter gifts for babies, no chocolate in sight!

If this is your little one?s first Easter you might want to mark the occasion with something a little extra special. Here are 10 Easter gift ideas, which won't harm little teeth.

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 the brand new phil&teds vibe

Check out the good looking new release of the Vibe 3 and the Verve 4-wheeler inline strollers. To celebrate their release, we have a Vibe with double kit to give away.

Baby sleep

From birth to one year and beyond, read about baby sleep, soothing techniques, routines, and sleep school experiences.

Easter gifts for babies, no chocolate in sight!

If this is your little one?s first Easter you might want to mark the occasion with something a little extra special. Here are 10 Easter gift ideas, which won't harm little teeth.

7 tips for a kid-free trip, not a guilt trip

Although I?m jumping out of my skin to take my child-free holiday, I?m dreading the goodbye. But I?m determined to make the most of it without tarnishing it with guilt or sadness about leaving the kids.

Itchibubs: clothes for babies and toddlers with eczema

Parents of children who suffer from eczema will know only too well the scratching that occurs around the clock. A new clothing range aims to help make everyone more comfortable.

Ear piercing: what age is best?

What is it that shapes our opinions on what?s an 'appropriate' age for our children to get their ears pierced? Parents share their views on how young is too young when it comes to piercing.

Caring for kids helps grandmothers stay mentally alert

Looking after grandchildren can help grandmothers ward off brain disease - but it's also possible to get too much of a good thing, researchers say.

Why I loved my third home water birth

After two water births at home, I was determined to give birth to my son the same way. I just hoped this birth would be quicker than my last two.

Revealed: 7 ways food marketers try to trick consumers

If you?re confused by food labels, you?re not alone. Next time you?re shopping for food, look out for these seven common labelling tricks.

'My mother-in-law found out our baby's gender behind our backs'

My husband and I mutually decided that we didn?t want to know our baby's sex before the birth, but his mother couldn't handle that.

 

Free Printable Activities

Keeping little hands busy

Free printable acitivity pages like colouring in, cutting, word finders, mazes, maths activities and puzzles.

 
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.