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VIC Fences - Not Required to Pay Half of Fencing Costs?

Discussion in 'Property Law Forum' started by Emma33, 20 May 2015.

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  1. Emma33

    Emma33 Member

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    Hello,

    My sister owns a house, and the owner of the block next door has recently built three houses on the block and is selling them. Without consulting her verbally or giving her a fencing notice, he built a fence. He is now asking my sister to pay half of the construction costs.

    I read the Fencing Act and recent Amendments. Is it correct that, because he built the fence unilaterally, my sister doesn't have to pay half of the costs?

    Thanks!
    Emma
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Emma33,

    Yes as far as I am aware, before you begin building a fence you must try to get your neighbours consent to contribute to the cost of it. Otherwise if you simply proceed without your neighbour's agreement you will be liable for the entire cost of the fence. Your sister's neighbour should have contacted her and and explained the type of fence he was proposing to construct, its location estimated cost and what each party's share of the cost would be.

    Agreement can be sought verbally or by way of a fencing notice. A fencing notice can also be served if the neighbour refuses to give their consent. It notifies your neighbour of your plans, outlines the necessary details and begins a process to enable you to build your fence when certain steps have taken place.

    But yes, to be clear, if the neighbour did not try to reach an agreement with your sister prior to building the fence, he must pay the entire cost.
     
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  3. Emma33

    Emma33 Member

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    Thanks very much Sophea!
     
  4. Rose Booth

    Rose Booth Member

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    Hey, Thanks for the information.
     
  5. Tripe

    Tripe Active Member

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    The neighbor can't pull the common fence down without any correspondence/communications with your sister, if he does, she can call
    The police and have the person charged with damaging her property.

    If the person then puts a new fence up, without any correspondence or agreement with your sister, then he has no ability to seek 50% of cost etc.
     
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