Fence - section of fence pulled down by neighbour

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carmencorr

Member
27 August 2021
1
0
1
I live in Melbourne. I have a galvanised iron garage on my property. One side of the garage is adjacent with the fence that divides my property and my neigbours back yard. My neighbour's home is a unit (on a Owners Corporation). Recently the property has been put on the market and upon looking at the listing, I noticed in one photo that the fence, that runs along the side of my garage has been taken away. So this raises a few issues. Firstly, I was not asked if I was agreeable to that section of fence being removed; if the Unit sells, possibly the new owners may want to put a fence up and ask that I pay half the cost, even though I was not consulted it being removed.

My question - did the neighbour break the law in removing that part of the fence without my approval. Is it criminal damage and would I be obliged to pay half the cost of a fence, if new owners wish for one?
 

Docupedia

Well-Known Member
7 October 2020
306
38
719
I’d be asking for a ‘please explain‘ response first before getting too worked up. Given that the fence in question is the boundary fence for the strata scheme (and therefore likely to be considered part of common property - this could differ state to state), I would be including the body’s corporate in the conversation.