Our neighbours are building a house very close to the boundary, so close (200mm) that they are unable to render, paint or install a downpipe on the wall without removing the fence between the properties. We have agreed that they can remove the fence and access our property to finish their build but the fence is to be reinstated as it is. They do not want to reinstate the fence, and instead require a shared common area between the two properties. They have offered $1000 as compensation. If we don't agree, they will be applying for right of use under section 180 of the property law act and seeking costs from us. Are they likely to be granted the common area and will we be expected to pay their legal costs?
