Jump to content
Another fence question - flood edition!
10 replies to this topic
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?
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
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.
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.
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.
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.
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)
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.
Posted 27 January 2013 - 02:54 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.
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
Posted 28 January 2013 - 01:57 PM
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.
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
Everyone loves a personalised Christmas present - especially those which have been lovingly created by little hands. These Christmas gifts are so easy that even your toddler will be able to make them.
Our friends at The Sun-Herald are giving you the chance to win a family pass to Taronga Zoo Sydney or Taronga Western Plains Zoo.
I?m not ready for my son to stop believing in Santa yet. But should I treat him like the intelligent and sensible boy that he is and tell the truth, or should I lie, with the good intentions of keeping the magic alive for just a little longer?
More than half a million lights, countless hours of work, a world record - and it's all for a good cause.
Doctors made a shocking discovery when they found a dandelion growing inside 16-month-old?s ear canal.
Introducing the new campaign to help mums and babies around Australia.
Despite safety campaigns by organisations such as Kidsafe, the number of children dying and being injured in driveway accidents has remained steady. One mother shares her story of loss and warns others to pay attention.
Got bored kids? Quickly find the best activities for kids wherever you are in Australia with the Essential Kids app.
Fitness blogger and football wife Caroline Berg Eriksen has come under fire for posting a photo of her amazing post-baby body on Instrgram just four days after giving birth. She has defended the picture saying she is "proud" of what her body has achieved.
A pregnant woman had her baby taken by British social workers after a forced caesarean section - and the child has still not been returned to her.
When kids want something, they'll ask ... and ask ... and ask ... until you cave in. You can teach them to unlearn this annoying tactic by saying just three words.
Babies love getting their little gums around keys - but these ones are cleaner and more fun than the set on your key ring.
Top 5 Articles
Win one of 9 LEGO® DUPLO® Planes? ?Skippers? Flight School set for Christmas. Enter here for your chance to win.
Join Essential Baby and Aldi in celebrating Chrismas, with gift guides, the truth about Santa and how to manage christmas while pregnant + lots more.
Breaking Bad, The Great Gatsby and Game of Thrones are all inspiring baby names in the UK this year ? but royal names are on the decline.
To celebrate the launch of this gorgeous new baby skincare range, Essential Baby is giving our readers the chance to win one of ten Little Bairn Essentials Gift Packs.
For a limited time you can save 50% off when you gift unlimited access to The Age or SMH. It's the gift for those you love, who love to know.
Weird poses, surprise photobombs, bizarre editing: these are the wedding photos that should have never seen the light of day.
Here's a selection of vintage boys and girls monikers which have traditionally been used as either nicknames or given names, from the 1880s through to the 1950s.
Free Printable Activities
Free printable acitivity pages like colouring in, cutting, word finders, mazes, maths activities and puzzles.