Battle Axe property Fencing cost split

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GLO

Member
19 February 2021
2
0
1
Hi,
I am hoping to find the right way to present this issue to my neighbours who are classified as battle axe properties.

Under the NSW Fencing act 1991.
Referencing: 7 Contribution as between adjoining owners—generally
(1) Adjoining owners are liable to contribute in equal proportions to the carrying out of fencing work in respect of a dividing fence of a standard not greater than the standard for a sufficient dividing fence.
There are 3 properties that own a common easement for vehicle access to the rear garage of their properties as shown in the first image. I will refer to these 3 parties as 1071,1072 and 1073.

My property and 1069 have common fence with this easement.

I have been in communication with all 3 parties starting in 2019 where I advised I was obtaining quotes for ModularWall fencing. I coordinated the contractor to quote additional fencing (that was not common to mine) for parties 1071 and 1072.

1071 like the ModularWall fencing and agreed to the quote.
1072 said they could not afford ModularWall fencing and requested I get quotes for Colourbond.
1073 did not provide any preference or feedback.

Due to 1072's request, we reverted to Colorbond.

Colorbond fencing was installed and 1071 paid their equal portion as agreed.

I have requested the contribution from 1072 and 1073.

I have shared the NSW Fencing Act with them but they they now claim the position that there is no law requiring them to place a fence along their battle axe common driveway. And are treating this access as if it was a council owned street.

I'm am specifically seeking guidance on the content for a letter of demand.

Thanks in advance.
 

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Docupedia

Well-Known Member
7 October 2020
378
54
794
Given the first image shows the lots’ boundaries, and I take it you are lot 1070: You only seem to have an adjoining boundary with lot 1071. The easement parcel appears to be split three ways between 1071, 1072, and 1073, but only 1071’s lot touches yours.

On the face of things it would appear that you have no right to contribution from 1072 or 1073 because they are not adjoining land owners to you. Perhaps someone familiar with NSW property law knows something that can overcome that.
 

GLO

Member
19 February 2021
2
0
1
Thanks, the question sits purely around the easement which is owned equally by 3 parties.
Whilst it is represented in the developers diagram that the easement is reflected in equal 3rds, this is to facilitate the equal contribution to the land, but does not absolve the responsibility of access or maintenance of that driveway easement.

If it did then the property owning the middle 1/3 strip would never have to contribute to the maintenance of the easement. This is simply not the case.

I am still hopeful that some guidance can be shared from the brain trust of this group.