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VIC Neighbour Not Responding to Notice or Mediation - Build the Fence?

Discussion in 'Property Law Forum' started by robynrrr, 3 November 2015.

  1. robynrrr

    robynrrr Member

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    Hi,
    I have a long running situation with my neighbour where the adjoining fence was damaged a week after they moved to the property. The neighbour approached me to get the fence fixed, and we agreed to each get quotes and then go from there. I took my three quotes to the neighbour, but the neighbour would not answer the door. I understand the neighbour has solicited quotes, but has never forwarded a single one to me.

    I issued the neighbour with a notice to fence, but there was no response. I contacted the Dispute Resolution Centre to try mediation, but again there was no response from the neighbour.

    Can I now go ahead and build the fence? The neighbour has further damaged the fence, is constantly putting additional bits on it and has propped up the empty bits with extraneous wood and perspex pieces which he has dumped in my yard. In the time that the fence has been down, he has built two other fences on his property.

    If I can go ahead and build the fence, what recourse do I have if they subsequently extend it or damage it?
     
  2. Sophea

    Sophea Well-Known Member

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    If you have given a fencing notice to the person who owns the property next door, but 30 days have passed and they have not responded to the notice, you can proceed with the fencing works without their agreement and later recover their contribution by bringing an action in the Magistrates’ Court of Victoria.
     

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