Hello, I have what I hope will be a simple query regarding whether or not I can make the developer pay their share for the dividing fence of the adjoining property.
I purchased vacant land 2 years ago, directly from the Developer when the Plan of Subdivision was still untitled. Fast forward to today, I am nearing construction completion of the home, and soon I will need to erect the fence on the boundary. The 2 blocks of land that adjoin my property on either side remain vacant, and I am aware that both lots remain unsold (ie. the Developer is still the Vendor of both lots). The below 2 clauses I've pasted from the Contract of Sale is confusing me.
I am interpreting from 20.3 that the Developer has protected themselves from any fencing claim in the event that they are unable to sell any lots. However, if this were the case, I would have thought that there is no need for Clause 20.2 to be inserted into the contract as it is directly related to this situation, because Clause 20.2 will allow the Developer to adjust the cost of the fencing against my future neighbour when they end up buying the vacant land. I am of the opinion now that the Developer is obliged to pay me half of the fencing costs due to Clause 20.2 and also the wording "Except as otherwise provided in this Contract" which implies that Clause 20.2 is relevant to this situation.
Can someone please advise and clarify, much appreciated.
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20.2 If before the Settlement, the Vendor or the Developer has received or contributed to one or more fencing notices from the owners of land adjoining the Property:
(a) the Purchaser will be liable for the Vendor's and/or the Developer's share of the cost that is set out in each of the fencing notices; and
(b) the Purchaser will pay to the Vendor and/or the Developer (as the case may be) on the Settlement Date the Vendor's share of the cost that is set out in each of the fencing notices, by way of an adjustment in the Vendor's favour, as reimbursement for the contribution which the Vendor has made or will be required to make under the fencing notices.
20.3 Except as otherwise provided in this Contract, the Purchaser agrees with the Vendor and the Developer that so long as the Vendor is registered or entitled to be registered as the proprietor of any land adjoining the boundaries of the Property the Purchaser will not make any claim against the Vendor and/or the Developer for any contribution to the cost of erecting any dividing fences or walls pursuant to the provisions of the Fences Act 1968 (Vic), including any sums which the Vendor and/or the Developer may (whether or not it is aware of any) have incurred with any adjoining owners.
I purchased vacant land 2 years ago, directly from the Developer when the Plan of Subdivision was still untitled. Fast forward to today, I am nearing construction completion of the home, and soon I will need to erect the fence on the boundary. The 2 blocks of land that adjoin my property on either side remain vacant, and I am aware that both lots remain unsold (ie. the Developer is still the Vendor of both lots). The below 2 clauses I've pasted from the Contract of Sale is confusing me.
I am interpreting from 20.3 that the Developer has protected themselves from any fencing claim in the event that they are unable to sell any lots. However, if this were the case, I would have thought that there is no need for Clause 20.2 to be inserted into the contract as it is directly related to this situation, because Clause 20.2 will allow the Developer to adjust the cost of the fencing against my future neighbour when they end up buying the vacant land. I am of the opinion now that the Developer is obliged to pay me half of the fencing costs due to Clause 20.2 and also the wording "Except as otherwise provided in this Contract" which implies that Clause 20.2 is relevant to this situation.
Can someone please advise and clarify, much appreciated.
---
20.2 If before the Settlement, the Vendor or the Developer has received or contributed to one or more fencing notices from the owners of land adjoining the Property:
(a) the Purchaser will be liable for the Vendor's and/or the Developer's share of the cost that is set out in each of the fencing notices; and
(b) the Purchaser will pay to the Vendor and/or the Developer (as the case may be) on the Settlement Date the Vendor's share of the cost that is set out in each of the fencing notices, by way of an adjustment in the Vendor's favour, as reimbursement for the contribution which the Vendor has made or will be required to make under the fencing notices.
20.3 Except as otherwise provided in this Contract, the Purchaser agrees with the Vendor and the Developer that so long as the Vendor is registered or entitled to be registered as the proprietor of any land adjoining the boundaries of the Property the Purchaser will not make any claim against the Vendor and/or the Developer for any contribution to the cost of erecting any dividing fences or walls pursuant to the provisions of the Fences Act 1968 (Vic), including any sums which the Vendor and/or the Developer may (whether or not it is aware of any) have incurred with any adjoining owners.