New neighbors moved in a year ago. We share a wooden dividing fence except for the one in the front garden where the 2 properties is separated by a hedge. This hedge has been in place for over 10 years. We had our dogs in the front garden many times & they had never been able to cross next door. The new neighbors want to rip out the hedge & replace it with a colourbond fence alleging there is too much work & maintenance on their part (around 10m). Advise it also looks messy. I engage a gardener who come in every quarter to trim trees, bushes & hedges in my garden. The previous owner maintain their own side of the fence.
Advised the new neighbors we are happy with the current dividing fence & do not see the need to spend money in putting in a new fence. I also want to add that we are currently living interstate & the advices of replacing the fence came from our managing agent (MA). MA had asked that I communicate with the new neighbors direct. Received a fencing notice from the neighbors last week via SMS. Had responded via SMS that I do not agree in sharing cost. In the meantime my brother who happen to walk past the property notice the hedge which divided the 2 properties had been fully ripped out! Would appreciate some advice to the following points:
* The detail survey the neighbor provided me show the area as "No Fence". He could very well have a boundary survey but the detail survey provided had these in the notes "Boundaries have not been located by survey & are approximate relative to the detail survey"
* Neighbor alleged the center of the hedge/plant is on his land, 70cm away from the boundary line. It is therefore his property & does not require my permission to remove. The landscaper who remove this had recorded this in writing
* Neighbor advised he has consulted his solicitor & will obtain a Fencing Order after 30 days as he need his rights to be protected so whatever it takes
Questions:
1) Does the detail survey hold any merit when it has labelled "No Fence" despite the hedge being in place for over a decade
2) Whilst the Act state the dividing fence does not need to be on the common boundary line there isn't any guideline on max distance it can stray away from. Is 70cm too far for the hedge to be deemed as a dividing fence
3) Given that I live interstate, what happen after I receive a fencing order? Do I have to travel back to NSW to attend court?
Advised the new neighbors we are happy with the current dividing fence & do not see the need to spend money in putting in a new fence. I also want to add that we are currently living interstate & the advices of replacing the fence came from our managing agent (MA). MA had asked that I communicate with the new neighbors direct. Received a fencing notice from the neighbors last week via SMS. Had responded via SMS that I do not agree in sharing cost. In the meantime my brother who happen to walk past the property notice the hedge which divided the 2 properties had been fully ripped out! Would appreciate some advice to the following points:
* The detail survey the neighbor provided me show the area as "No Fence". He could very well have a boundary survey but the detail survey provided had these in the notes "Boundaries have not been located by survey & are approximate relative to the detail survey"
* Neighbor alleged the center of the hedge/plant is on his land, 70cm away from the boundary line. It is therefore his property & does not require my permission to remove. The landscaper who remove this had recorded this in writing
* Neighbor advised he has consulted his solicitor & will obtain a Fencing Order after 30 days as he need his rights to be protected so whatever it takes
Questions:
1) Does the detail survey hold any merit when it has labelled "No Fence" despite the hedge being in place for over a decade
2) Whilst the Act state the dividing fence does not need to be on the common boundary line there isn't any guideline on max distance it can stray away from. Is 70cm too far for the hedge to be deemed as a dividing fence
3) Given that I live interstate, what happen after I receive a fencing order? Do I have to travel back to NSW to attend court?
