VIC Contribution for Fence Replacement?

[Nishika]

We have been given a fence notice by my neighbour's lawyer, advising to pay 50 % contribution to build a new fence. However we do not agree it needs replacement. We haven't taken any quotes from our side so far.

Neighbour wouldn't let our fence guys enter their property to do the inspection to give us a quote and claims the case is with the lawyer. I do not want to hire a lawyer for this matter considering law fees.. .50% contribution is around 1500$ . what would be my best option to spend the least amount?

 

[Rod]

Get a quote from a fencer only inspecting from your side. They should be able to give a ball-park quote that is subject to certain conditions.

More than one quote is normal anyway.

 

[Tripe]

You have the right to enter your neighbours property for repairing a fence, where you can't access any part of the fence from your own property ( it must be at a reasonable time), however if there is a crop, garden, orchard, plantation etc then you must get their permission first.

You normally have between 21 to 30 days to reply in writing if you don't agree to the fencing request, if no agreement is reached then you will need 3rd party involvement i.e. mediation.

If you don't respond to the fencing request after 30 days, your neighbour will be able to install the new fence as per the notice to fence and recover 50% of cost.

if you live in a suburban area, the fence must be a minimum of 5 foot high and rabbit proof. If your neighbour wants a gold plated expensive fence and you don't, you only need to pay 50% of the cost of a 5 foot high paling fence.

 

[Nishika]

Hi
Thanks for your advice. I also want to know what is the worst case if i just ignore the fence notice ? Will that be only 50 % or is there a chance that i have to pay the legal costs of them ??

 

[Rod]

Ignore the notice at your risk. You may be responsible for the legal costs if it goes to court.

 

[Tripe]

As Rod say's, ignore the letter at your risk, if the fence does not need fixing and you can prove it, ie photo's (it is 5 foot high and rabbit proof) then state this in writing, you have no obligation to install a new fence if the current fence is perfectly acceptable.

If your neighbour only wants a new fence for appearance reasons only, then tell them you will agree to a new fence if they pay 100% of the cost.

 

[Rose Booth]

I agree with above reply. If your neighour wants a new fence for appearance only, then tell them that you will agree for new fence and will pay whenever you want.

 

[Luiza]

Hi
Thanks for your advice. I also want to know what is the worst case if i just ignore the fence notice ? Will that be only 50 % or is there a chance that i have to pay the legal costs of them ??

If you don’t respond to the fencing notice, the neighbours will have the right to proceed with the fencing works without your agreement. If you later pay them 50% of the costs, as per the fencing notice, there is no need to go to court. If you don't pay them, they should send you a letter of demand before they take action in the Magistrates’ Court to recover your contribution. So you will not be automatically "hit" with the neighbours legal costs, you will have a chance to settle the matter before it becomes messy.

 

[Nishika]

Thank you Luiza. You clarified all my concerns .