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VIC Letter of Demand - Boundary Surveyors Fees - Where Do We Stand?

Discussion in 'Property Law Forum' started by neil price, 8 September 2014.

  1. neil price

    neil price Member

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    Hi, Our neighbour decided two months ago that he wanted our boundary between us surveyed. We knew nothing about this until the other day when he sent us a letter of demand, stating the $1200 fee. Where do we stand under property law?
     
  2. Sophea

    Sophea Well-Known Member

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    Dear Neil,

    If your neighbour was the one who retained/contracted the surveyor to do the work then he is liable to pay the surveyor. I can't imagine what basis he would have to claim a portion of the fee from you, unless you had come to a prior arrangement regarding this. I would write a firm response to the letter of demand stating this and making it clear that it was his decision to have the survey undertaken, no prior notice or agreement was sought from you to contribute and therefore he is liable to pay the fees himself.
     
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  3. Sophea

    Sophea Well-Known Member

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    Further to my previous comments, there is an Act in Victoria that requires neighbours to share jointly the cost of constructing and maintaining a fence between properties, however I am unsure as to whether this would extend to surveying fees. It may depend whether they were incurred with intent to build a fence and if so, there is likely a process set out by this Act to follow.
     

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