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 Fenrir

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 Crinkle cut

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

 

Abbott's childcare changes will 'reduce access and add complexity'

The government's childcare assistance package threatens to confuse and intimidate many parents, experts say.

Be careful what you wish for

Remember that chubby little baby who rocked on all fours? Remember how you wished he would start to crawl? Then remember how you felt once he did?

William Tyrrell's parents plead for information as anniversary looms

As the one-year anniversary of William Tyrrell's disappearance draws near, the missing four-year-old's parents have again pleaded with the public for information that could help bring their son home.

Family sleepovers: a tribute to my 1970s childhood

My memories of those nights in my childhood are all about fun: sleepover excitement, staying up late, watching movies we probably weren't supposed to watch ... freedom.

43 minutes of terror: family's agonising wait for ambulance for toddler

It was terrifying. As the minutes ticked by little Cooper Harrison's parents felt more and more frantic.

What not to say to a new mum

Some phrases just pop out before you really think about them, but there are some things you should try to not say to a new mum.

Mummydesking: the new hotdesking

It is a paradise that only working parents of small children can understand: a place to sit for three hours without any interruptions while someone looks after the kids.

Charlize Theron adopts baby girl

A few months after splitting from Sean Penn, the actress Charlize Theron has adopted a baby girl.

Facebook CEO Mark Zuckerberg shares painful truth behind wife's pregnancy

Facebook chief executive Mark Zuckerberg has shared a brutally honest truth about pregnancy in the hope it will help others through dark periods.  

Sugary drinks blamed for removal of toddlers' rotten teeth

Children as young as 18 months are having multiple rotten teeth pulled out as parents feed toddlers soft drinks through sipper bottles, and chocolate biscuits and Milo as bedtime treats.

Mum accidentally fake tans baby

Many of us have fallen foul of a bad fake tan or two, but this little guy's started a bit earlier than most.

Does this three-month-old say 'I love you'?

YouTube user Ted Moskalenko was filmed by his wife, Michelle, as his baby son, Ben, engaged in some baby chat.

Kids break out of daycare centre, cross busy highway

Two children broke out of an early childhood centre and wandered across a four-lane road.

Why I'm glad to be an indulgent granny

The phone calls started a couple of weeks ago. At about 5.30 each evening - if I am lucky - I will be greeted by a sweet, excited voice declaring: "'Allo Annie".

Newborn found in toilet at German airport

A newborn baby found abandoned and extremely ill in a bathroom in the Munich airport is doing well.

Is this the worst relationship advice ever published?

You sometimes have to wonder whether relationship/sex advice from magazines is designed to help or humiliate.

How you talk to your baby now can impact social skills later

People used to think that social skills were something kids were born with, not taught.

Three truths about C-section mums

Lately I've been thinking about the caesarean stories and the brave women who birth their children with strength and beauty.

Scientists predict when you should start a family

Scientists have calculated at exactly what age you need to start trying to get pregnant to have the best chance of realising your dream. 

Differently abled child

When 'protecting' a child is really a cover for judgement

Why are people so concerned for this happy child and his mother?

Get your FREE Baby & Toddler Show ticket!

Get your free ticket to the Sydney Essential Baby & Toddler Show for September 25-27 - register online now.

 
Advertisement
 
Advertisement
 
 
 

What's hot on EB

When toddlers have strange obsessions

When it comes to two-year-olds and birthday cakes there are a few requests that are usually at the top of the list. But a cake featuring a local personal injury lawyer?

When Mama Bear strikes

When we become mums, our instinct to protect our children and keep them safe from harm is so strong we're often likened to a Mama Bear protecting her cubs.  

Immunity boosters for kids

There are no guaranteed ways to avoid the dreaded winter illnesses completely, but there are ways we can boost our children's immunity.

Yes, you can get pregnant before your period returns post-baby

After giving birth, the last thing you want to think about is contraception. But you can get pregnant before your period comes back.

Mum shares portrait of her proudly breastfeeding three-year-old

Jade Beall usually chooses to breastfeed her son, now 3, in private. This week, however, she shared portraits of her breastfeeding her preschooler.

Dealing with a toddler's morning tantrums

Your schedule is not important to your two-year-old, and you cannot convince her otherwise. So what can you do?

My baby's first seizure

It was 1am on a cold winter's night when I woke suddenly to the screams of my 12-month-old son. Our lives were about to change forever.

MP breastfeeds baby during parliamentary session

An Argentinian mum and politician has caused a stir on social media after being filmed breastfeeding her baby.

Heartbreaking moment mum kisses her one-week-old goodbye

At 11.07am on April 2 this year, Sarah Marriott welcomed baby Sebastian into the world.

The best age to get married (according to the latest study)

Not too young, and not too old. That's reportedly the best age to get married. Not everyone agrees.

Fellow diner rewards mum after toddler's tantrum

Parents of toddlers everywhere know the feeling. After working up the courage to take your child out for lunch or dinner in public you are rewarded with a mid-meal meltdown. 

IVF gender selection being considered for Australian parents

Couples using IVF may be able to choose the gender of their babies and women could be financially compensated for donating their eggs.

The amazing Tee Pee bed and kid-friendly Frankie Bunk bed

These kids' beds definitely fit the brief of providing personality and personal space for little people who are moving up in the world.

The funny things kids say when you're pregnant

Since becoming noticeably pregnant, my son has taken more of an interest in the sibling he'll soon have.

The real problem with having one child

In this age of political correctness, it seems the one subject still subject to discrimination is that of the Only Child.

The fire hazard in more than 70,000 Australian homes

So far, 206 Samsung washing machines have caught fire and some have exploded. But many remain in people's homes.

How having a baby can bring on OCD

We all know that having a baby can turn your life upside down - and it can also bring a raft of new anxieties and worries.

IKEA begins massive safety campaign after two toddler deaths

Two children were killed when pieces from their Malm furniture line tipped over.

Which beauty treatments are safe in pregnancy?

Is it safe to use fake tan, hair dye and nail varnish during pregnancy?

A dad's guide to hyperemesis

I am in no way qualified to advise women on how to cope with hyperemesis, but I've learnt some lessons that might be worth sharing with other partners.

The five ways I know my 'baby' is no longer a baby

The truth is, I can no longer deny that my walking, babbling, somewhat-independent little miss is no longer a bona fide 'baby'.

 

FREE TICKET

See Pinky McKay live in Sydney

Get your free ticket to The Essential Baby & Toddler Show and save $20 - register online now!

 
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.