NSW Fence query - notification not provided, fence does not meet bottom of ground.

Discussion in 'Property Law Forum' started by Dean Hughes, 22 April 2018.

  1. Dean Hughes

    Dean Hughes Member

    22 April 2018
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    Photos - winterice87's Library

    We purchased land in 2016 and in 2017 (NSW) neighbour's on left side of us started construction, with their building company paying for the fence as per an offer that was going, so we were lucky to have a free fence down the left hand side, we had not started building. Prior to the fence going in and not knowing the neighbours construction company were doing this for free we travelled 3 hours to view our LOT. On arrival a long trench had been dug on our land without any permission being sought from us or the land office.....i received an apology email from the construction company later after my complaint who admitted contact should of been made re preparation re fences, basically they advised they had to dig the trench to get better access.... i was concerned that our soil had been disturbed etc so i have kept emails for the future.

    Anyhow a few weeks later I was expecting to be contacted in relation to the fence re courtesy of what side of the fence I wanted the flat side or frame side or to discuss, I also wanted to advise that I wanted my retaining wall put under the fence before the fence was installed. Anyhow neighbours to the other side of us sent photos of the erected fence with steel posts and a sleeper running the length of the fence down our side in a strange position. Also there is a gap under the fence as per linked photos. When I queried the construction company, they basically said i was getting a free fence and a free retaining wall...........they have obviously figured out after the fence was built that we would need a retaining wall as our land slopes to the rear left corner.

    winterice87's Library

    Long story short I have had my other fences installed and the retaining wall as per photo but as sleepers are in that position it all looks a mess and my actual retaining wall at the correct height is now more inside my block.

    As per recent photo weeds are growing up through the gap and there is a space leaving neighbors growth to be able to come up on our side, also a danger for our kids getting their ankles trapped and also neighbours dogs biting our kids if they stick there hands down there. The local council advises they do not deal with fence disputes so here is my situation. I believe the fence should at least meet the bottom of the ground to separate our LOTS and at least for the gap to be capped.

    I dont like being taken for a ride, so here I am where do I go from here. I contacted the construction company this week who provided the fence company details who I called who then referred me back to the building company re rectifying the gap.

    I have no experience in fences so wanted some advice on:

    - Should myself or land office been contacted re digging up my land
    - Should myself have been contacted in relation to fence side preferences, exposed or flat side
    - Contacted re if I wanted my retaining wall under fence (now I have a dipped fence and my retaining wall in corner is sticking out.
    - Should the fence meet the ground ? gap allowed, should company pay for the gap to be capped ?
    - What options / avenues can be taken re has the company breached any rules re communication / fence quality?

  2. Tripe

    Tripe Well-Known Member

    22 May 2017
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    1 fences come under your states boundary act.

    2 you need to be advised about your fence going in, and your permission needs to be gained before fence is going in ( subject to any contracts that you may have entered into with your property purchase)

    3 The boundary act normally requires a residential boundary fence to be a minimum of 5ft high and rabbit proof
  3. GC.

    GC. Well-Known Member

    26 October 2015
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    I approached my neighbour about replacing a fence (about 80% had collapsed already, so it *needed* replacing). They didn't want to as they were planning a knockdown and rebuild and wanted to put a retaining wall on the fenceline. I insisted that it be done reasonably quickly and they complied, we had a Colorbond fence installed (I paid, and they paid me half).

    When they eventually rebuilt 7 years later (I was glad I didn't wait that long), they disassembled the Colorbond fence, put in their retaining wall with fence posts embedded in the concrete, and reassembled the fence on top of the wall.

    You may be able to re-use their fencing material when you put your retaining wall in.

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