Neighbor Stacking Wood Agains My Fence

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• WHAT THE Constabulary SAYS
• APPROACHING YOUR NEIGHBOURS
• IF YOUR NEIGHBOURS SAY NO
• Mediation
• Courtroom

Purlieus fences are ane of the major causes of belongings disputes between neighbours.

And so, what are your rights when a new dividing fence needs to be put up between you and side by side door?

Broadcaster Richard Glover wrote a cavalcade for the Sydney Forenoon Herald outlining to his son on his xviii^th birthday some lessons he'd learnt about life.

One of them related to the neighbours: "Never get into a fight with your neighbours.Apologise. Brand peace.Buy them a instance of beer… anything"

Information technology'southward excellent advice.

But what happens if your neighbour suddenly announces he wants to build a brand new fence on the purlieus yous share and he wants y'all to pay half?

You're adamant the existing fence is fine.

It'south going to be hard not to get angry and turn information technology into a dispute, isn't information technology?

Co-ordinate to Peggy Kadis, executive director of the Southern Community Justice middle, which operates the Customs Mediation Services in South Australia, boundaries and retaining walls caused the highest number of neighbourhood disputes in the 2008 to 2009 period.

"It's more than double our other high ones – copse and plants, behaviour and racket," she says. "Information technology's by far the highest".

Fence disputes are so infamous they became the field of study of a play, The Great Divide, which tells of the dramas created when a young Greek couple move in and want to replace a dividing debate with a huge brick wall.

"They (fence disputes) create a disturbance out of proportion to the bodily issues," says Roger Batrouney, a local government and planning specialist at constabulary firm Slater and Gordon.

"People are fighting nearly their castles, aren't they? Someone's trying to breach the ramparts of the castle – that's how they see it sometimes"

Batrouney says that boundary fence disputes are "xxx pct law and seventy pct emotion".

So, while it'due south practiced to have your head effectually the law, it's often people's attitude that needs to change to ensure sensible resolutions.

Is it really worth having a toxic human relationship with your neighbour over a fence and a few thousand dollars?

WHAT THE LAW SAYS

Boundary or dividing fences are divers past police under various state legislation.

In that location are differences between each state, but the laws are broadly similar.

Information technology'southward worth consulting a solicitor for the exact legal requirements in each state.

In New South Wales, for example, nether the Dividing Fences Act 1991, a dividing fence is defined as a fence that separates the lands of bordering owners.

It may be of whatsoever material, a ditch, an embankment or a vegetative bulwark such as a hedge.

It isn't a wall of a building, nor is information technology a retaining wall – except if it'south used equally a foundation or support for the contend.

The act defines a 'sufficient' dividing argue as one that "fairly separates the properties".

For instance, a paling fence in a residential expanse, or a wire and steel star post fence in a rural area.

In nigh states, adjoining owners must share the cost of the fence.

That obligation only occurs if the debate is inadequate or in that location is no fence.

At that place are exceptions:

• If 1 neighbor wants a higher standard debate than required, then they must pay the additional cost: or
• If one neighbor damages the contend, they have to pay for the entire costs of restoring it.

In virtually states, the fencing Acts don't use to property boundaries adjoining unoccupied Crown country.

"The police force isn't perfect simply it does have a pregnant role in having these disputes resolved without people belting each other to death in the streets, Batrouney says.

APPROACHING YOUR NEIGHBOURS

And so what happens if you or your neighbour decide to build a new boundary argue?

According to nearly state laws you demand to serve your neighbour with a 'notice to contend', just most lawyers recommend informally budgeted your neighbour earlier that.

"The desired approach is non to follow the police force strictly, in the starting time instance," says Glenn Thexton Lawyers which specialises in fencing disputes.

"Try to have a discussion with your neighbour with a view to being a long-term neighbor and avoiding conflict."

He says some other proficient thought is to present the neighbour with a fence quotation and requite them an opportunity to get their own quote.

Tim O'Dwyer and Bradley agree this is the all-time first step.

"The positive approach is to talk to the person who owns the belongings about either a new fence or a fence repair or upgrade," he says.

"Effort and become a phone number and be positive and friendly and be reasonable in what you're proposing.If someone is asking you lot to contribute to a fence, exist reasonable and realistic.If information technology's an investment property there are going to exist tax advantages for what you spend on the fence anyhow."

O'Dwyer says fences are often things that investors don't like spending money on.

"Landlords tend to see it as money down the bleed", he says, "just a property fully and adequately fenced is more rentable and a more bonny suggestion for any prospective tenant, peculiarly a tenant with young children and pets you're happy for them to take in the yard, but not in the house.

IF YOUR NEIGHBOURS SAY NO

The problem is a lot of neighbours will say no to an initial approach which can trigger a dispute.

According to the Section of Justice in Victoria, disputes arise over a diversity of issues

• One neighbour feels the current fence is acceptable, or only needs repair;
• Ane neighbour blames the other for the need to replace the fence;
• Both neighbours agree they need a new fence, but one or both tin't beget it at present;
• Neighbours disagree about the position of the title purlieus;
• The neighbours want fences of unlike height;
• The neighbours disagree about whether the front end should 'rake' or taper downwards for visibility;
• I neighbour fears the weight of attachments similar trellises may damage the argue.The list seems endless.

According to Richard Berckelman, who runs fencing contractor All 24-hour interval Fencing, the most mutual disputes he sees are over location, type and cost of the fence and the argue height.

Carl Weiss, a argue builder based in the western Brisbane suburb of Brookfield, says,

"In that location are a lot of arguments about neighbours who want dissimilar kinds of fences, where the boundary is, if they're getting a paling debate, who gets the paling side and who gets the non-paling side?

Slater and Gordon's Batrouney says one of the most common disputes is over where the debate goes.

He says 10 percent of the time, the argue is exactly on the title purlieus, but in most other cases it's non.

"Often because of the passage of fourth dimension, or considering of fencing contractors, the argue isn't actually on the title boundary," he says.

"Builders aren't surveyors and near enough is oft expert enough."

He says there's jerk room in the police force for some discrepancy.

"More often than not, information technology doesn't brand much difference.

An inch or 2? Big deal.But some people get very excited most it. Some people will go to quite an amount of cost to get the fence on the boundary."

He says establishing the title boundary involves a surveyor to establish where it is and its relation to the fence.

Another big issue is aesthetics.

What happens if the neighbour wants to put up a large fence you deem ugly?

Batrouney says you tin oppose it on those grounds.

Only the neighbour has the option of building an ugly fence on his side of the belongings.

If a neighbour rejects an informal approach, they tin can then be served a discover to fence, personally or by mail.

"Formalise it into a find to fence," Thexton says.

"And so, if possible, a lawyer should give the neighbour a call."

He says a lot of lawyers aren't cracking to resolve a dispute by phone which takes 20 to 30 minutes – their fees won't be high.

"But sometimes people's ears prick up when a lawyer rings," he says.

"The fundamental thing is to ensure the neighbour you're seeking to get payment from understands their obligation at law. Information technology often becomes a question of getting the other person to take notice of the action.They might receive a find to fence in accord with the Act only they simply ignore information technology."

Mediation

What if the neighbour continues to object?

The next step is arbitration, which is designed to go on the issue out of the courts and hopefully find a resolution.

Well-nigh states have a mediation service.

In South Australia, it's Customs Mediation Services (CMS).

Executive director Peggy Kadis says when people approach them most fencing disputes they ask if they've approached the neighbor themselves. Most have.

"We do get some people that ring and haven't approached their neighbour," she says. "Nosotros commonly go them to do that unless there'southward some event of safety or fear."

The mediation service will and then write to the neighbour maxim they've been approached.

"Usually the other political party gets back to us and lets us know they'll fix information technology," she says."Or they won't get back to us. Or they'll endeavor and negotiate information technology.

"If information technology can't be done by negotiation we bring the parties together for mediation."

CMS has a number of offices where mediation takes place.

They organise the closest offices to the neighbours and set mediation, which runs for two hours, and sometimes longer if necessary.

Two qualified mediators attend.

"They're neutral and they don't take sides; they're impartial," Kadis says.

"With clients, there are ground rules – to respect each other'south views, to not shout at each other and not abuse each other. We've got a complex behavioural dispute procedure which works to assistance resolve disputes where it may non accept worked before.

If it doesn't piece of work, then it's not suitable for mediation. There's only and so many mediators can practice."

Batrouney says Slater & Gordon urges people to resolve the dispute through Victoria'due south Department of Justice Dispute Settlement Centre, which he says has a strike rate of effectually 50 per cent.

"We endeavour and get them to go there first.We try and avoid equally much equally possible neighbours getting in dispute with each other.We use every means available: firstly, to salve them legal costs; and secondly and so they have at least some reasonably civilised relationship with their neighbours.

That doesn't always piece of work. If all of that (mediation) hasn't succeeded we try and talk mutual sense to the other side and get a practical resolution," Batrouney adds.

"Sometimes at that place's no culling to get an umpire's decisions before the magistrate. What we try and exercise is not go people to waste money on lawyers."

Court

The next step is the court, where a decision will be handed down.

Batrouney warns: "If you lose you pay all of your own costs and two thirds of the other party'south costs, and vice versa if y'all win.With court decisions, y'all're left with an unhappy neighbourhood relationship. The annual Christmas street party isn't going to be much fun, is it?"

Batrouney says a standard argue – a 130-foot paling fence – unremarkably costs $2000, which by police the other party should contribute half.

"If they don't you're much better off building it yourself than going to court," he says.

"You'd spend $3000 to $4000 more than going to court.

That logic isn't always highly-seasoned to people."

Thexton agrees the court should exist avoided.

"The amount of legal costs y'all tin can spend on a dispute tin can possibly outweigh the expense of the argue," he says.

Ultimately, many people choose to pay for the new fence themselves.

If the neighbour strongly objects to contributing this is a valid pick and helps keep the peace with neighbours.

"If your neighbor won't cooperate its adept value still to spend the money yourself," O'Dwyer says.

"If you own the property a good fence will make information technology more than saleable down the runway.The all-time advice to a holding possessor, whether they live in it or rent it out, is don't be stingy on keeping fences and retaining walls maintained."

Fence disputes are legal issues, just emotions often take over and preclude sensible outcomes.

O'Dwyer'due south advice is blunt and maybe the all-time guidelines when people await like becoming embroiled in a fence dispute:

"The grief and distress over a fence isn't worth it. In the big picture, fencing costs are usually pretty minimal in terms of what your property is worth."

Richard Glover would no incertitude agree.

Editors note: This article has been republished for the do good of our many new readers. It was originally written by Ben Powers for Australian Belongings Investor Magazine in 2010 and has been republished with their permission

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Source: https://propertyupdate.com.au/fence-wars/