Looking for legal advice RE fences

[jetcrew]

Short story.

Had vacant block next to us for years crappy chain wire fence my big dog never got out.

House built and new owners move in with 3 small dogs, these dogs antagonise my dog for weeks and eventually the fence fails he gets 1 of the small dogs.

I approach neighbours and we discuss fence, it is agreed verbally that a better fence is needed or my dog will be having snacks.

I offer to build it as neither of us have alot of cash. I build 75mtrs of colour bond and place a concrete strip under each section to prevent small dogs sticking noses under.

I get all materials and even collect it all to avoid delivery i mix all the concrete by hand and install  with ZERO help from neighbours.

After install thier kids kick balls against it 

So after 3 times speaking with the and the last time they told my wife we will pay the $1200.00 after tax time> I go over there today to inquire as to the payment and get this THEY ABUSE ME.. apparently they are sick to death of hearing about this fence and claim that be cause I did not get 3 written quotes and a written agreement that now they won't pay.

So I have poiletly told them to drop dead and have now removed the colour bond fence WHICH I PAID FOR .. My dog is locked in his back pen, they yelled out that they will let their dogs into my yard and when my dog eats theirs that  my dog will be put down.....

SO my question

If I paid for the fence in FULL after they moved in am I legally entitled to pull it down given I own it.


I am going to now submit a form for works with a quote I am told in excess of $4500 for the 75 mtrs with concrete strip. Then they will have to pay... 1/2 of the higher amount.

I know I know should have gone the paperwork route in first place, but you try do the neighbourly thing.

Jet  

[speewa158]

Got hold of the building inspector at the council tell him your tale & see what he says . Then get 3 back dated quotes for the same job & stick it to him . Or on a  :cheers:sunny day remove the fence so you can get a good sun tan ALL OVER , are you with me

[CampAround]

That sucks jetcrew. Unfortunately you can't trust anyone. I have just had new fences installed around a property we own and I'm a bit anxious about whether one of the neighbours is going to pay her share to the contractor as is be liable apparently, even though she agreed. (We had a few quotes between us)

If their dogs are found in your property I'd take them to the pound. Good luck with the fence.

[Toy pradopetty]

If they allow the dogs into your yard then in theory their dogs are trespassing arnt they ? Tie them up and call the council ranger and tell them that the dogs wandered into your property and are being a nuisance. Don't let on that you know who's dogs they are. Make life difficult for them if they wanna play


Cheers
Frank

[nick_4x4]

hook up some batteries to the fence, dogs wont stick noses in your yard for a while.

But your right get the quotes by law they have to pay half no matter what so if the quote is higher then the original amount just give them the options and be done with it.

Sounds like my mums old neighbors, fence fell down (old wooden one) they couldn't help in rebuilding it so mum and dad done all the work they then didn't want to pay, so mum and dad sold the house and moved with the fence in tow, neighbors were on holidays at the time too, would have loved to see the surprise on their face when the fence was gone.

Always get the correct paperwork.

[xcvator]

And have a licenced surveyor mark out the boundary 1st before any more work gets done. They will have to pay for 50% of that as well 

[Mace]

Start here

http://www.qld.gov.au/law/housing-and-neighbours/disputes-about-fences-trees-and-buildings/avoiding-fence-tree-and-building-disputes/avoiding-disputes-about-fences/

[Dion]

Just tell them you build the fence just inside your property line, so you were within your rights to pull it down.

More to the point, they have renegged on the agremeent, so you are entitled to pull it down as they are legally obligated to pay half and if they won't follow through with their commitment then you are exercising your right to get your money back (i.e. resell the fence).

Then go get quotes for a new fence and present it to them.  This may drag out for a while but make no mistake, they are liable for half.  It's pretty clear, there's heaps of stuff about this around.

As for the dog issue ... that's an issue with council rangers about them not restraining their dogs.  Setup a webcam to gather any evidence of them doing stupid acts on your property (they sound like they are the type).  I'm happy to loan you a spare IP camera I have (just needs power and ethernet/wireless) which you can point at your backyard and saves the files onto a folder on your computer until the fence issue is sorted out.

[Bird]

Start here

http://www.qld.gov.au/law/housing-and-neighbours/disputes-about-fences-trees-and-buildings/avoiding-fence-tree-and-building-disputes/avoiding-disputes-about-fences/

how come this Mace bloke always knows he right places to look - no matter where the problem is....

[Just some guy]

Start here

http://www.qld.gov.au/law/housing-and-neighbours/disputes-about-fences-trees-and-buildings/avoiding-fence-tree-and-building-disputes/avoiding-disputes-about-fences/

Well said.

[DannyG]

Can't help you with the legalities of the fence mate but I feel for you having a neighbour dispute, I've been there and it's not a nice situation to be in. My neighbours had mental health issues which made it very difficult.

[DannyG]

Oh and I think black bean sauce will be the nicest

[02-SR5]

I dunno about legalities, but a bloke at work had a similar story.

He lives on acreage, so it didn't bother to build a fence 1ft inside his boundary.

His side was a nice colour, he painted the other side bright pink. The bloke next door didn't have a leg to stand on because the fence was inside his property, and not on the actual boundary.

He approached the bloke next door months earlier, all he got was very bad and abusive language and dog poo thrown on his side till the fence went up.

The bloke next door cannot touch the fence, as it will mean he is now trespassing. He now has to look at over 200ft of pink fence.

[Hairs]

Geez mate that sux big time.
I reckon, easy for me to say 
Take a big step back for a bit, there's some good advice here, and there are, never mind 
Don't panic and think it through.
Mace's link is a good startr.
I wish ours with her 6 dogs would leave town so the rest of us can have some peace & quiet, I live in hope that she gets the message that Nobody in town likes her and she sells up and moves on, I doubt that this will happen, she starts drinking before 10am most days.
I watched the other day in disbelief as she mowed the dried turds which clouded the other neighbours washing in dog turd dust.

Go to your council, not with both six shooters blazing, but calmly and ask them your options.
There will be a way so as you can get on with your life.
Let us know how it works out.
 

 

[4wd26]

your actually pretty well screwed if you replaced the chain wire fence (pulled it down)
there was a fence present, that was adequate, in the eyes of the law.

you needed to agree to terms (costs), but contractually- in writing.

the law states that your neighbour is only responsible for 1/2 cost of the fence if a new fence is required.

if you want a "solid gold" fence but a timber fence is in place you have for pay all costs- unless another agreement can be reached.

a fence was there- you need to install a fence- either the chain wire fence, or reinstall the colourbond fence

(my QLD surveying degree is a bit old and rusty, but laws such as these don't get changed), but get independent advice

[Stozz]

He now has to look at over 200ft of pink fence.

 

We had a dispute over a fence along the boundary of a vacant property we used to own.  It was very elevated with ocean views. That was until our neighbour gave permission for his contractor in bobcat to use the sand from our block to fill HIS side of a boundary retaining wall that HE built.  We lost our ocean views...  Until I got a lawyer. And then our ocean views were restored. 

However the grief and stress it caused was enough to sell the block as could never imagine living next door to such an arrogant pig.

Neighbour disputes are never nice and at the end of the day, you have to live next door to them.  Follow the letter of the law, definitely get a surveyor to survey the boundary (that is good advice above), and then ensure a solid fence that is high enough that you never have to look at the knob again.

Re the little dogs. Remember that it is not the dogs' fault that their owner is a complete tool.  Borrow/hire an animal trap (cage) from the Council and set it up in your backyard - they usually loan them out for feral cats or possums. If the dogs wander in, then they are roaming and not under control of the owner.  Call the Ranger and he will issue an infringement. Repeat above process until neighbour has his dogs secure.  Please dont let a dog fight or dog death result.

[briann532]

In NSW a fence can be 2 pieces of wire strung through star pickets.
Put that up as it constitutes a fence.
Leave your dog enough rope that it can reach the boundary, but not further.

Start hanging laundry out in your undies playing Def Leppard, then  next time go out in a dress playing some classical music.

It's no fun with moron neighbours.
I've been through the same thing twice now.
It may suck for you right now, but it will get solved and hopefully sooner rather than later.
Hang in there and don't let it eat at you. You are better than that.

Council are usually very helpful. Don't forget to keep stressing that its all over money.
They know it and deal with it regularly.
Failing that try the community justice centre.

I used it with my neighbour and got a fantastic result. They were extremely helpful. Also if they refuse to go, it goes against them with council and the local courts.

http://www.justice.qld.gov.au/justice-services/dispute-resolution

Hope it ends soon mate.

Brian

[Brutus]

As above the neighbour only has to pay 50% of replacing the original wire fence. As the fenceihas been upgraded to colour bond and assuming its on the boundary by removing it now you open up legal loopholes that may require you to re erect the colourbond fence.

Neighbour disputes are civil matters and the council WILL NOT get involved in this so don't waste your time there.

If your neighbours kids are causing a nuisance then you may be able to get the council involved if it's noise or similar nuisance that causes your dog to bark.

Best of luck

[Mace]

how come this Mace bloke always knows he right places to look - no matter where the problem is....

 

Becoz my mind is a repository for completely useless information!

I can't  remember names, birthdays, anniversary's, all that important sh&t!

But I can store completely unimportant stuff and regurgitate it 30 years later.

SHMBO calls me the know all, I reckon it's the know stuff all.

Oh, and every state has a Fences Act.

  Bruce!

[Mace]

Oh, and stozz has got it spot on, follow the letter of the law from  now on.

[McGirr]

I would try and chat with the neighbor again and try and reach some common ground. There is nothing worse than neighbours fighting. Worth a try.

Mark

[Barry G]

your actually pretty well screwed if you replaced the chain wire fence (pulled it down)
there was a fence present, that was adequate, in the eyes of the law.

you needed to agree to terms (costs), but contractually- in writing.

the law states that your neighbour is only responsible for 1/2 cost of the fence if a new fence is required.

if you want a "solid gold" fence but a timber fence is in place you have for pay all costs- unless another agreement can be reached.

a fence was there- you need to install a fence- either the chain wire fence, or reinstall the colourbond fence

(my QLD surveying degree is a bit old and rusty, but laws such as these don't get changed), but get independent advice

your actually pretty well screwed if you replaced the chain wire fence (pulled it down)
there was a fence present, that was adequate, in the eyes of the law.

you needed to agree to terms (costs), but contractually- in writing.

the law states that your neighbour is only responsible for 1/2 cost of the fence if a new fence is required.

if you want a "solid gold" fence but a timber fence is in place you have for pay all costs- unless another agreement can be reached.

a fence was there- you need to install a fence- either the chain wire fence, or reinstall the colourbond fence

(my QLD surveying degree is a bit old and rusty, but laws such as these don't get changed), but get independent advice

In Vic at least, the requirement is a fence that is suitable for the intended purpose.
With vacant land a chain wire fence is probably ok, in that it will keep out your average cow / sheep / horse and identify the location of the boundary.
For residential properties there is an accepted need for a higher standard of fence, to keep kids, dogs etc in their respective rear yards.  Hence your old wire fence was not adequate and you were and are entitled to want a solid fence. If a colour bond fence is the norm in your area then you are entitled to insist on one.

[swanny]

Mate that sux, I cant offer any legal advise, and your situation is bad enough with out me offering what options id throw up, but ill say this, f##%king unAustralian  for sure what Aholes they are  .

I hope it get sorted for ya, particularly after the effort you have gone to.

Swanny

[FODFA]

Is the $1200 bucks worth the Argo? Put the fence back up, accept that they are A-holes and you have done your dough. Get on with your life and wait for karma to kick in.

I had fence issues with an A-hole neighbor, when he spent thousands getting his storm water plumbed into a drain that was no longer in use I could have mentioned it wouldn't work, after his entire yard got flooded he spend another big wad getting it re plumbed and I had awarm fuzzy feeling and a big smile.

Cheers Andrew

[Mrs smith]

Further to the good advice given here.
If mr arse wod lets his dogs wonder on your property or provokes you make sure
you video or have pics of any incidents.