We have a join dividing fence as a pool barrier between two properties and we both have swimming pool (next-door neighbour)
other neighbour at the back has workers demolished an old wall fence (which was within his boundary and was not a dividing fence) which resulted in them collapsing and breaking a section of the boundary fence between my property to next door property. We were home at the time entertaining guests, we witnessed this accident and were concerned that the measures taken to remove other parts of the fence were not done by the workers. this fence was asbestos fence and need removal specialist
In addition, as we are aware, this collapsed fence is part of our pool fencing and is not up to the safety standard required by law with part of it collapsed. we as a pool owner has duty we have to keep our pool properly contained and compliance to safety regulation and there are currently missing one meter and one broken clapping on the fence. For these reasons, we have contacted an asbestos specialist and has advised us best to remove entire fence due the fence can't not be maintain or repair to the original state and no one repair one missing panel and the broken one, it can't simply remove the broken one and it will be effecting another due the depart of the fence berried under ground and the fence itself overlapping each other and bolted together and it cost us $4000 to just remove entire asbestos fence. for the cost of a new fence itself cost $2500. and to construct a new on an existing dividing boundary fence we need a building certifier/ approval and it cost another $1000
we have approached the back neighbour as we believe he should be responsible to pay the entire cost of our new fence and offcourse he refused and just want to pay the missing portion that was damaged.
we have council visits this week and he gave us an enforcement letter to get our fence up in 2 months.
we had meeting with community legal service and had advised us that the neighbour at the back should pay for the entire cost of the fence. next step is send him a letter with all quotations and if he doesn't agree then we can apply to qcat by lodge an application form.
what kind of form that we need to fill out for applying this matter, it seems doesn't fit with form fencing dispute as this fence was damaged by third neighbour.
please help
thank you
other neighbour at the back has workers demolished an old wall fence (which was within his boundary and was not a dividing fence) which resulted in them collapsing and breaking a section of the boundary fence between my property to next door property. We were home at the time entertaining guests, we witnessed this accident and were concerned that the measures taken to remove other parts of the fence were not done by the workers. this fence was asbestos fence and need removal specialist
In addition, as we are aware, this collapsed fence is part of our pool fencing and is not up to the safety standard required by law with part of it collapsed. we as a pool owner has duty we have to keep our pool properly contained and compliance to safety regulation and there are currently missing one meter and one broken clapping on the fence. For these reasons, we have contacted an asbestos specialist and has advised us best to remove entire fence due the fence can't not be maintain or repair to the original state and no one repair one missing panel and the broken one, it can't simply remove the broken one and it will be effecting another due the depart of the fence berried under ground and the fence itself overlapping each other and bolted together and it cost us $4000 to just remove entire asbestos fence. for the cost of a new fence itself cost $2500. and to construct a new on an existing dividing boundary fence we need a building certifier/ approval and it cost another $1000
we have approached the back neighbour as we believe he should be responsible to pay the entire cost of our new fence and offcourse he refused and just want to pay the missing portion that was damaged.
we have council visits this week and he gave us an enforcement letter to get our fence up in 2 months.
we had meeting with community legal service and had advised us that the neighbour at the back should pay for the entire cost of the fence. next step is send him a letter with all quotations and if he doesn't agree then we can apply to qcat by lodge an application form.
what kind of form that we need to fill out for applying this matter, it seems doesn't fit with form fencing dispute as this fence was damaged by third neighbour.
please help
thank you