SA Property Law - Should We Pay for Neighbour's Fence?

[Mellieness1]

We built a new house just in the last year. When we purchased the block of land, it already had all the fencing complete. The rest of our estate area was established. Only 1 of our neighbours has recently been over, demanding for his share of the fence between our homes. The receipt he has given us is from May 2012. He hasn't been very friendly at all and has waited nearly a year since we have been living there to come and ask.

I have spoken to a few people and they all seem to think that we don't need to pay. But still not sure what to do under property law!

 

[Rod]

Look at your purchase contract first of all. There may be a clause in there saying you need to reimburse half his cost. These clauses can appear in sales contracts on new(ish) estates.

 

[Cairnsdad]

One of the few topics on this website I can actually offer opinions for as this as in a past life, I was a professional fence certifier

Now I was licensed in Qld/NSW, but there isn't a lot of difference between states so SA should be very similar. It is very possible the new neighbour is trying for a 'hail Mary' and hoping you fall for it.

Who did you buy the block from? Was it the developer, a private owner or a builder who did a house & land package, etc?

The main reason is that will lead into Rob's question above if it was the developer but even then, it isn't cut and dry. Often, for example, developers will offer to assist in paying for fences for the first few houses built in a new estate as it gives the feel of more completed homes helping to sell other blocks neighbouring it.

I know this will sound crazy but sometimes developers tell porky pies. Yup, shocking I know. It would not be unheard of that covenants might have forced your neighbour to build a boundary fence within a certain time frame. it would not be unheard of that they were told verbally they could chase the future neighbours for 50% during the sales pitch by the one day a week salesperson who sat in an air conditioned donga 7 years ago willing to do almost anything for a sale.

I am not saying the above is even remotely what happened rather what I have seen many times which all boil down to. Never believe a neighbour chasing money.

Google is your friend mate. A quick search brought up all the info you need to start with SA.GOV.AU - Fencing and boundary disputes

All standard stuff there and will empower you with being well informed as it covers almost all scenarios. If that isn't enough the link at the bottom of that page takes you to the Fences Act 1975 https://www.legislation.sa.gov.au/LZ/C/A/FENCES ACT 1975/CURRENT/1975.44.UN.PDF

Nothing in that document says you have to pay anything under your circumstances let alone 50% of the value from 6 years ago from what I saw at a glance (not a lawyer though).

Just so you know I have consulted on dozens of cases of a neighbour suing for 50% of the price of a fence and not one time have they been successful after they have built the fence because the legally required notification process wasn't followed let alone 6 years after when you weren't even the owner of the block beside them.

Bear in mind I am definitely no lawyer, mate, just letting you know what I have seen from my experience consulting to owners being sued and compiling details of the proposed fence, existing fences and neighbourhood standard fencing for them to take to QCAT.

I used to get several people like yourself ring me panicking every week because their neighbour knocked on their door claiming they wanted to replace a fence etc and demanding 50%.

Best of luck having Christmas beers with them lol.

 

[Mellieness1]

One of the few topics on this website I can actually offer advice for as this as in a past life I was a professional fence certifier
Now I was licensed in Qld/NSW but there isn't a lot of difference between states so SA should be very similar. It is very possible the new neighbour is trying for a 'hail mary' and hoping you fall for it. Who did you buy the block from? Was it the developer, a private owner or a builder who did a house & land package etc? The main reason is that will lead into Rob's question above if it was the developer but even then it isn't cut and dry. Often for example developers will offer to assist in paying for fences for the first few houses built in a new estate as it gives the feel of more completed homes helping to sell other blocks neighbouring it. I know this will sound crazy but sometimes developers tell porky pies. Yup shocking I know. It would not be unheard of that covenants might have forced your neighbour to build a boundary fence within a certain time frame. it would not be unheard of that they were told verbally they could chase the future neighbours for 50% during the sales pitch by the one day a week salesperson who sat in an air conditioned donga 7 years ago willing to do almost anything for a sale.
I am not saying the above is even remotely what happened rather what I have seen many times which all boil down to ........ never believe a neighbour chasing money.
Google is your friend mate. A quick search brought up all the info you need to start with SA.GOV.AU - Fencing and boundary disputes All standard stuff there and will empower you with being well informed as it covers almost all scenarios. If that isn't enough the link at the bottom of that page takes you to the Fences Act 1975 https://www.legislation.sa.gov.au/LZ/C/A/FENCES ACT 1975/CURRENT/1975.44.UN.PDF Nothing in that document says you have to pay anything under your circumstances let alone 50% of the value from 6 years ago from what I saw at a glance (not a lawyer though).
Just so you know I have consulted on dozens of cases of a neighbour suing for 50% of the price of a fence and not one time have they been successful after they have built the fence because the legally required notification process wasn't followed let alone 6 years after when you weren't even the owner of the block beside them.
Bear in mind I am definitely no lawyer mate just letting you know what I have seen from my experience consulting to owners being sued and compiling details of the proposed fence, existing fences and neighbourhood standard fencing for them to take to QCAT. I used to get several people like yourself ring me panicking every week because their neighbour knocked on their door claiming they wanted to replace a fence etc and demanding 50%.
Best of luck having Christmas beers with them lol.

Thank you for all that information. I have been looking through the Fencing and Law pages and the Fencing Act, the only section I am unsure of is this:

10—No adjoining owner

(1) Where a person proposes to perform fencing work in the nature of erecting, replacing,
repairing or maintaining a dividing fence, and there is no adjoining owner of the
contiguous land from which his land is or is to be divided, he may apply to the court
for a determination under this section.

(2) The court may, upon the hearing of the application approve, with or without
modification, a proposal for the performance of fencing work submitted to the court
by the proponent, and may order that when a person becomes the owner of the
contiguous land, he shall pay to the proponent an amount, determined by the court,
towards the cost of the fencing work

Does that mean they would have had to apply for this order before they erected the fence?

Also we bought it all as a house & land package from a builder.

 

[Mellieness1]

Look at your purchase contract first of all. There may be a clause in there saying you need to reimburse half his cost. These clauses can appear in sales contracts on new(ish) estates.

Thanks for your reply - I have gone through everything we have and cannot find anywhere regarding any fencing.

 

[Rod]

OK. Then the neighbour's option is to take you to court. Court may order you to pay some costs, then again they may not.

Approaching you 1 year after moving in is of no real relevance.

 

[Clancy]

I am confused by this situation? Are you saying you bought a property with a fence already in place, then the neighbor is trying to get you to pay half the cost of building that 'existing' fence?

If so, then the neighbor should be pursuing the previous owner for that cost, not you??