WA Dividing fence - property abandoned

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Melissa567

New Member
21 March 2018
1
0
0
We own an investment property. A section of the dividing fence came down a few weeks ago. The house next door is abandoned. There is no way to contact the owner, all we have is a name.

We have reported it to the Shire as a health and fire hazard. The pool is an overgrown swamp and in no way compliant. There is an abandoned vehicle on the front verge. The Shire have advised they have been trying to locate the owner for many years and there are already legal proceedings against them, however, because no-one can find them nothing has actually been resolved. The Shire has advised there is nothing further they can do until the owner comes forward or the house gets sold.

Does the Shire have any responsibility regarding the state of this property if the owner can't be found? We are now looking at having to pay for the entire fence ourselves as our insurance will only cover half the cost. Can we put a caveat on the neighbouring property for reimbursement of their share of the fence? Can interest be added? If we can, how do we go about this? Can all costs involved in putting the caveat on the property be added to the caveat? Do we require a lawyer to do it? If so, can the cost of this be added to the caveat?

Any other help or suggestions you can give would be greatly appreciated as we are looking at an out of pocket cost of about $3,000 for the fence alone.
 
Last edited by a moderator:

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,726
1,056
2,894
www.hutchinsonlegal.com.au
Shire - no. Caveat - I'm not sure about, I don't know WA's laws. If it was in Vic, then you could probably place a caveat on the property. I'd be talking to the shire first to see they will reimburse you if they sell the property without needing a caveat.
 

Tripe

Well-Known Member
22 May 2017
229
14
619
You need to send your neighbors “a notice to fence “

If they fail to respond in 28 days, then you can install a new fence and be able to pursue them for 50% of the cost.

If they dont’t pay f50% of the cost, you should be able to take out a Caveat, but it cost $$$ and may not be worth your effort.

But, be aware, if the caveat is dodgy and they suffer any form of Financial loss, ie they can’t complete a house sale because of the caveat on the property, then you could face legal action.