Neighbour building garage wall on our boundary

[icebear]

I have recently finished construction of a house in a new residential estate in VIC and would like to get works underway to have my side fencing erected. I have asked my fencer to erect this fence along the side boundary; this fence will end just before the gas meter of my house where there will be a side entry gate.

The adjacent lot is currently vacant and I have been in touch with the owner recently to inform that I intend to carry out fencing works. They have in turn responded saying that they will begin construction soon. The issue here is that they intend to construct their garage wall right on the boundary (zero lot) which means if I were to have my fence works done now, they would expect me to consent to demolish a portion of it later as their garage would then be constructed on the boundary in its place.

This is really all about a timing issue as I have finished construction while they are just about to start - what are our rights and obligations? I obviously need to have my fence up as soon as possible for safety reasons and I can't accept their request to just build my fence to where the back of their garage will be with my side gate placed there (rather than further up front at the gas meter as mentioned above) while I wait for their house to finish construction, because which party is going to be responsible for the costs associated with relocating it later?

Thanks in advance

 

[Atticus]

This is really all about a timing issue as I have finished construction while they are just about to start - what are our rights and obligations?

Most states have a formal process regarding fencing between neighboring properties. Usually involves using the prescribed form... Neighbor then gets a period of time to agree or give reasons to oppose... Ultimately if no compromise can be reached it can go to court for a decision ...

Don't think that's necessary here .... A good compromise may be that you build your fence (at 50/50 cost) to the point they intend to build a garage, & from there you agree to install some temporary fast erect fencing (available at some hardware's for around $50 per 2.4 metre panel)

 

[icebear]

Most states have a formal process regarding fencing between neighboring properties. Usually involves using the prescribed form... Neighbor then gets a period of time to agree or give reasons to oppose... Ultimately if no compromise can be reached it can go to court for a decision ...

Don't think that's necessary here .... A good compromise may be that you build your fence (at 50/50 cost) to the point they intend to build a garage, & from there you agree to install some temporary fast erect fencing (available at some hardware's for around $50 per 2.4 metre panel)

Thanks Atticus
I completely agree with the first half of the suggestion which makes complete sense (split 50-50 until their garage) but the question here would be am I correct to say that the neighbor is liable for the temporary fence from then on? It is them that is causing me the inconvenience, in addition this means that a section of my side pathway will be exposed and without having the proper fence there my landscape and brickwork will be damaged by the builders during construction.

 

[Atticus]

Look up the fences act in your state for details. Each state may vary but usually as long as you approach the neighbor in the manner required as per the act, ie, the correct form, enough notice etc. Then if the neighbor doesn't agree to pay half the cost (of a 'standard' type fence) then you can take it to court to get a payment order .... If you don't follow the proper procedure & they refuse to pay half, then court is not an option.

As for the temporary fence .... Not unreasonable that you ask them to cover the cost of that, but if they only offer half, then it's probably not worth arguing over to get the job done