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6 posts

Wannabe Geek


Topic # 248209 14-Mar-2019 16:33
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Hi All, 

 

I really want to soundboard here. I have recently purchased my first home. Straight away we knew we needed both side boundary fences to be done, for security, privacy and aesthetics.

 

They are both 1m high wire netting fences. I contacted both neighbours back in November 2018 and have had nothing but delays, troubles, no contact etc (yay)

 

Side A 

 

This side had many recently cut down a lot of trees on the boundary, but left the tree stumps throughout the fence, these were all the neighbour's trees. 

 

I requested that they have these removed so we can discuss putting in a 1.8m wooden fence. 

 

To remove them, they had to remove the fence in place. 

 

1. Is it their responsibility/cost to reinstate the fence and is it reasonable to expect something more than the 1m wire mesh fence that was previously there?

 

 

 

Side B

 

This side has a hash together fence using different types of chicken mesh, plastic mesh and all sorts to fill the holes in the fence. It also has a large Ivy bush pulling down a portion of the fence.

 

I had multiple quotes done in November 2018, called the owner of the property, discussed the fence and sent through the quotes I had received.

 

I was told they would get their own quotes done and get back to me the following month.

 

A couple of email follow-ups and it has lead to me resending quotes through to the neighbour in February, with an email format fencing notice. This was immediately objected as they believed the fence was "adequate".

 

I responded to this with a list of the reasons I believed it was inadequate and an invited them to view the fence in person. 

 

I have tried to set up multiple meetings, all declined. 

 

2. So my question is... do I just go to the tribunal? Has anyone had any experience with a tatty 1m wire mesh fence in an urban area being described by the disputes tribunal as "adequate". Click to see full size

 

TIA

 

 

 

 

 

 


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3679 posts

Uber Geek
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  Reply # 2198123 14-Mar-2019 17:07
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Have you sent any of them notices as required under the Fencing Act? or is it still currently informal?

 

Pretty sure you cannot involve the Disputes Tribunal until they have formally been notified and have objected...


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  Reply # 2198125 14-Mar-2019 17:10
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It's crappy, but it's adequate.

 

Based on my understanding....:

 

The tribunal will only consider requiring the other party to share half the cost for replacing like with like.  If you want to improve the fence, they do not have to agree, but you can proceed if you are happy to foot the bill.  You cannot force the other party to share the cost of an upgrade.

 

Perhaps investigate the cost of replacing the wire mesh fence, and take half of this off the cost of the new wooden fence.  If the deduction off the cost of the wooden fence is relatively small, I suggest just doing the upgrade and wear the cost if it is affordable.  Just put the poles in line with the existing ones.  You don't even have to remove the existing ones if you don't want to - just leave them on the neighbours side.  If you pay for the fence, then you can put the 'nice side' facing you without argument.  :)  If you end up doing this, I'd notify them the work is going on and the dates, just for courtesy reasons.

 

But start again with a friendly chat.  You might be able to get an agreement for them to pay 1/4 which is substantially better than nothing.  Good luck, and let us know how you get on.

 

Note I have never had to get official on neighbours about a fence.  I did once have a new fence put up and instructed the fencing guy to stack the old timber on the neighbours side.  Getting rid of it was 'theiur contribution'.  They just didn't know it until it happened.  😉





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  Reply # 2198153 14-Mar-2019 17:42
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It sounds like the neighbours are crappier than the fence. I'd just ask them again, basically to get out of them what you can. if no dice, do the wooden fence, nice side to your side, and exclude them from here on in. 


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  Reply # 2198171 14-Mar-2019 18:27
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Just serve fencing act notices for wooden fences. If they dont agree, they would have to serve their own notice back on you.

And then you can go to the disputes Tribunal if needed.





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Ultimate Geek
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  Reply # 2198175 14-Mar-2019 18:30
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Your first step is to read and understand the fencing act.

 

Once you have done this you will hopefully be able to ask some more detailed questions. 

 

The simplest thing to say here is the disputes tribunal is not yet ready to be enacted. 

 

 

 

 




6 posts

Wannabe Geek


  Reply # 2198183 14-Mar-2019 19:09
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wellygary:

 

Have you sent any of them notices as required under the Fencing Act? or is it still currently informal?

 

Pretty sure you cannot involve the Disputes Tribunal until they have formally been notified and have objected...

 

 

 

 

I have in the form of an email. But not the full formal written letter in the post as yet.




6 posts

Wannabe Geek


  Reply # 2198185 14-Mar-2019 19:17
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Dynamic:

 

It's crappy, but it's adequate.

 

Based on my understanding....:

 

The tribunal will only consider requiring the other party to share half the cost for replacing like with like.  If you want to improve the fence, they do not have to agree, but you can proceed if you are happy to foot the bill.  You cannot force the other party to share the cost of an upgrade.

 

Perhaps investigate the cost of replacing the wire mesh fence, and take half of this off the cost of the new wooden fence.  If the deduction off the cost of the wooden fence is relatively small, I suggest just doing the upgrade and wear the cost if it is affordable.  Just put the poles in line with the existing ones.  You don't even have to remove the existing ones if you don't want to - just leave them on the neighbours side.  If you pay for the fence, then you can put the 'nice side' facing you without argument.  :)  If you end up doing this, I'd notify them the work is going on and the dates, just for courtesy reasons.

 

But start again with a friendly chat.  You might be able to get an agreement for them to pay 1/4 which is substantially better than nothing.  Good luck, and let us know how you get on.

 

Note I have never had to get official on neighbours about a fence.  I did once have a new fence put up and instructed the fencing guy to stack the old timber on the neighbours side.  Getting rid of it was 'theiur contribution'.  They just didn't know it until it happened.  😉

 

 

 

 

I was hoping no-one would say it was an adequate fence :) 

 

I am only asking the neighbour on side b to contribute half of the cost due to the state of the current fence, and i honestly thought s=they were on board when I called in November. Honestly, now I just don't want to give them a free fence. The other reason I have to involve them is due to their massive ivy that is destroying the fence as well, I need that removed to put up the fence in its place.  Unfortunately, I can't just fence in front of it, as it is along a driveway. I am working on quoting up the material costs and seeing if that is something they would be happier to contribute towards.

 

 




6 posts

Wannabe Geek


  Reply # 2198190 14-Mar-2019 19:31
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ratsun81:

 

Your first step is to read and understand the fencing act.

 

Once you have done this you will hopefully be able to ask some more detailed questions. 

 

The simplest thing to say here is the disputes tribunal is not yet ready to be enacted. 

 

 

 

 

 

 

 

 

Thanks for your comment,  I have read through the fencing act. However, I find it reasonably subjective. And can be interpreted in many ways.

 

*note I would only ever ask to split the cost

 

Side A - 

 

The legislation states "Liability for damage caused by occupier - If any fence is damaged or destroyed in circumstances in which, apart from this Act, an occupier would be liable therefor, he shall be liable for the whole cost of making good the fence." 

 

Side A's trees have broken the fence and the fence required removal to along with the stumps. Making good of the fence would be replacing it. However in today's day and age in an urban setting, one could argue that a 1m wire netting fence is no longer a good fence

 

 

 

Side B-

 

The legislation mentions "adequate fence means a fence that, as to its nature, condition, and state of repair, is reasonably satisfactory for the purpose that it serves or is intended to serve"

 

and

 

"Adjoining occupiers to share cost of fencing
Subject to the provisions of this Act, and to any order of the court made under this Act, the occupiers of adjoining lands not divided by an adequate fence are liable to contribute in equal proportions to work on a fence."

 

I would argue that because the fence is unable to provide privacy, security or even keep my small dogs on my property or other dogs off the property then the fence would/could/should be inadequate

 

 

 

 


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