Hi, my neighbour responded to my fencing notice October 2022 insisting a boundary survey be done before replacing our front boundary fence that had just been replaced.
I verbally agreed to his request we replace the fence with no changes at all just the same timber paling fence, and he never gave me a fencing notice.
He never gave me a quote as I was expecting, then one day without any warning, I realised the fencers must've come that day when I was out, and was shocked to see my neighbour allowed (possibly even requested, but he denies that) his fencer to rebuild our fence turning the 'good' timber front paling side to face his property not mine, so I believe a magistrate has no choice but to order it be turned back around given that's a breach of the Fences Act.
He also allowed his fencer to move the fence towards my property (I believe around 10-15cm), and attach it to my front fence corner post, whereas it used to be attached to his front fence corner post.
I sent him my title which shows the boundary line is slightly diagonal and that's why the brickwork of my house (which is on the boundary, so is the fence for part of the boundary line) is not in line with my front fence. He's claiming that's proof the boundary fence was in the wrong position as he assumed the boundary line was straight so my house and front fence should line up, but my front fence extends a little further towards my neighbour's property than the brickwork of my house on the boundary line due to the boundary line being diagonal.
I also sent him google maps photos showing the boundary fence was attached to his front fence when the land my house was built on was empty, around 15 years ago (he bought his property a couple of years after I bought mine).
Given my house was built 2010 (I purchased it 2020), I can only assume appropriate land surveys were carefully done in 2010 for permits, and that's why the boundary fence was left attached to his front fence post and not moved at the time because it was in the wrong position as my neighbour now claims.
Despite my best efforts to politely tell him, and his fencer, they can't just move and turn the fence around without my approval, they both refused to do anything about it so I served the fencing notice.
My neighbour didn't state who should pay for the boundary survey in his response to my notice, then our relationship irretrievably broke down due to him yelling over the fence at me, and more (I'm a single female living alone and I think he believes he can do whatever he likes!).
I emailed him stating I had no choice but to take the matter to court so a magistrate could decide who pays for the boundary survey, and order the fence be turned back around to face my property, and that I'd be doing so when I had time.
I've been too busy until recently, but have now been preparing to take the matter to the Magistrate's Court after getting some (free) legal advice recommending that, but am still a long way off getting all the paperwork done then getting my statement of claim checked by a lawyer (I have to use a free legal service so it takes weeks to get an appointment).
Now my neighbour's just put his house on the market today, and he's a real estate agent so selling it himself. I've managed to get a copy of the contract and section 32, and he doesn't list my fencing notice.
I'm confused because googling I find advice stating fencing notices must be disclosed, but the Sale of Land Act 1962 Sect 32D states the notice must be from a public authority or government department or "approved proposal". I can't find an answer re if a fencing notice is an approved proposal, or if a fencing notice served by a home owner like me must be disclosed to the purchaser in the contract of sale/section 32.
I'm sure he's hoping I can't be bothered taking it to court, and we don't communicate at all now so I can't just tell him that I am, and won't email him until I get advice re what he has to disclose to the purchaser.
His property will likely sell very quickly, so I don't believe I have any chance of trying to now hurry through the court paperwork and serve him with it so he knows I'm taking the matter to court, but even if I did would he have to disclose that to the purchaser?
I want the fence turned back around and moved back to where it was, and don't want to be left unable to do that if the purchaser can refuse because they purchased my neighbour's property unaware of my fencing notice.
My neighbour gave me the bill right after the fence was replaced expecting me to pay half, and I assume he's never chased that up because he's continually stated he likes the fence as it is now and does not want it replaced so it's as it was before, and I'm sure would rather that than getting the few hundred dollars for half of it from me.
Given he never gave me a quote or fencing notice, legal advice was he can't pursue me for payment anyway, but I would happily pay for half the fence if it was replaced so it was as it was before.
Any assistance re whether he must legally disclose my fencing notice in his contract of sale/section 32, and any other advice anyone may have would be greatly appreciated, thank you.
I verbally agreed to his request we replace the fence with no changes at all just the same timber paling fence, and he never gave me a fencing notice.
He never gave me a quote as I was expecting, then one day without any warning, I realised the fencers must've come that day when I was out, and was shocked to see my neighbour allowed (possibly even requested, but he denies that) his fencer to rebuild our fence turning the 'good' timber front paling side to face his property not mine, so I believe a magistrate has no choice but to order it be turned back around given that's a breach of the Fences Act.
He also allowed his fencer to move the fence towards my property (I believe around 10-15cm), and attach it to my front fence corner post, whereas it used to be attached to his front fence corner post.
I sent him my title which shows the boundary line is slightly diagonal and that's why the brickwork of my house (which is on the boundary, so is the fence for part of the boundary line) is not in line with my front fence. He's claiming that's proof the boundary fence was in the wrong position as he assumed the boundary line was straight so my house and front fence should line up, but my front fence extends a little further towards my neighbour's property than the brickwork of my house on the boundary line due to the boundary line being diagonal.
I also sent him google maps photos showing the boundary fence was attached to his front fence when the land my house was built on was empty, around 15 years ago (he bought his property a couple of years after I bought mine).
Given my house was built 2010 (I purchased it 2020), I can only assume appropriate land surveys were carefully done in 2010 for permits, and that's why the boundary fence was left attached to his front fence post and not moved at the time because it was in the wrong position as my neighbour now claims.
Despite my best efforts to politely tell him, and his fencer, they can't just move and turn the fence around without my approval, they both refused to do anything about it so I served the fencing notice.
My neighbour didn't state who should pay for the boundary survey in his response to my notice, then our relationship irretrievably broke down due to him yelling over the fence at me, and more (I'm a single female living alone and I think he believes he can do whatever he likes!).
I emailed him stating I had no choice but to take the matter to court so a magistrate could decide who pays for the boundary survey, and order the fence be turned back around to face my property, and that I'd be doing so when I had time.
I've been too busy until recently, but have now been preparing to take the matter to the Magistrate's Court after getting some (free) legal advice recommending that, but am still a long way off getting all the paperwork done then getting my statement of claim checked by a lawyer (I have to use a free legal service so it takes weeks to get an appointment).
Now my neighbour's just put his house on the market today, and he's a real estate agent so selling it himself. I've managed to get a copy of the contract and section 32, and he doesn't list my fencing notice.
I'm confused because googling I find advice stating fencing notices must be disclosed, but the Sale of Land Act 1962 Sect 32D states the notice must be from a public authority or government department or "approved proposal". I can't find an answer re if a fencing notice is an approved proposal, or if a fencing notice served by a home owner like me must be disclosed to the purchaser in the contract of sale/section 32.
I'm sure he's hoping I can't be bothered taking it to court, and we don't communicate at all now so I can't just tell him that I am, and won't email him until I get advice re what he has to disclose to the purchaser.
His property will likely sell very quickly, so I don't believe I have any chance of trying to now hurry through the court paperwork and serve him with it so he knows I'm taking the matter to court, but even if I did would he have to disclose that to the purchaser?
I want the fence turned back around and moved back to where it was, and don't want to be left unable to do that if the purchaser can refuse because they purchased my neighbour's property unaware of my fencing notice.
My neighbour gave me the bill right after the fence was replaced expecting me to pay half, and I assume he's never chased that up because he's continually stated he likes the fence as it is now and does not want it replaced so it's as it was before, and I'm sure would rather that than getting the few hundred dollars for half of it from me.
Given he never gave me a quote or fencing notice, legal advice was he can't pursue me for payment anyway, but I would happily pay for half the fence if it was replaced so it was as it was before.
Any assistance re whether he must legally disclose my fencing notice in his contract of sale/section 32, and any other advice anyone may have would be greatly appreciated, thank you.
