NSW Boundary fence with structural damage

[kylieo123]

Re: Fences Act 1968, Part 2, S9 Owners damaging a fence

I have a fences issue with the property manager of our neighbouring terrace. We share a boundary brick fence 5m long, confirmed by my structural engineer. The fence has been irreparably damaged by a planter box on their side of the fence. We are doing work to put in a carpet on our side as we have excavated we can see asbestos on their side of the fence.

The entire boundary fence is now a hazard to life, risks falling apart on their tenants and our property. It needs demolition and replacement and we have sent a structural engineers report to the property manager of the neighbours with no response after weeks.

I have two seperate questions:
1) Are we able to proceed to knock down the fence and charge them for 50% with the engineers report? or do we need their agreement before we are able?
2) If we knock down the fence how do we deal with the asbestos removal from their side which is flowing onto our side?

Many thanks

 

[Tim W]

As a general principle, neighbours share the cost of "sufficient" fences.

Just what "sufficient" is, is usually negotiated, and yes, is often disputed.
So no, you don't get to just hand somebody a bill for
half the cost of work of your own and your only choosing,
and expect them to just up and pay it.

To start, you may care to read
this, and this, and this, and this, and this.

 

[kylieo123]

Great will do.