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  1. #1
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    Default Nsw fence issues

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    Last edited by SAgirl; 27-03-2015 at 09:18.

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    I don't know about the legal side of things, but for me, if our neighbours went about replacing the fence due to them putting in a pool and the current fence was okay, I would let the council know and ask them about it. FWIW - Our neighbours have put in a pool and the fence is not tall enough on our side due to us being on the high side of the street. I'm waiting for the moment they ask. I'm wondering if I should take pictures of the current fence for future evidence! Hopefully we won't be here when that starts. Do you have any evidence that you've paid money already?

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    The pool was already there, and the old fence was fine - although maybe a bit too low (I'm not actually sure what the issue was)

    But also I spoke with council and was told that the new fence at not be compliant anyway. They haven't given us a certificate of compliance either.

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    So the new fence won't be compliant? Oh no. Your neighbour sounds like a fruit loop with too much money and not enough sense. External fences such as the one that has been replaced has to be at least 1800mm in NSW. We had a pool and got rid of it. We would have had to change at least three external fences and there's no way we would have expected our neighbours to foot the cost!
    Last edited by Little Ted; 27-03-2015 at 12:03.

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    Well I think the fence is high enough now, but it doesn't have a 60% angel or something on the middle horizontal frame so it means kids/anyone can climb over it and into the pool. Something like that

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    Quote Originally Posted by SAgirl View Post
    Well I think the fence is high enough now, but it doesn't have a 60% angel or something on the middle horizontal frame so it means kids/anyone can climb over it and into the pool. Something like that
    Yes, that's in the guidelines too. It also means that the fencing company has done the dodgey as they should be aware...that is if they were a legitimate business to begin with.

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    I've had to edit my OP for privacy.

    Wish I just knew the answer to my question. Haha

    Basically all I want to know is can she make us pay half of a fence which

    A) we didn't want replaced
    B) didn't get quotes for
    C) were told the fence was at her cost before installation and
    D) were only told we had to pay half of it after it was erected
    E) no fencing order in place no written agreement etc
    F) already has a hedge which could act as a 'fence'

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    No way i would be paying if there was no agreement was in place and the fence is non compliant, but whether or not thats legal im not sure. Sorry i cant help!

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    Quote Originally Posted by SAgirl View Post
    I've had to edit my OP for privacy.

    Wish I just knew the answer to my question. Haha

    Basically all I want to know is can she make us pay half of a fence which

    A) we didn't want replaced
    B) didn't get quotes for
    C) were told the fence was at her cost before installation and
    D) were only told we had to pay half of it after it was erected
    E) no fencing order in place no written agreement etc
    F) already has a hedge which could act as a 'fence'
    Call your local council. There is a compliance officer who will be able to help you.




    Adjoining owners must share the cost of the fence, except that:
    • An owner must pay the additional cost if they want a fence of a higher standard than is required for a sufficient dividing fence;
    • An owner will have to pay the full cost if the existing fence is damaged, either deliberately or negligently, by the owner or by someone else with the owner’s permission. If the fence is damaged by a tenant, the owner must pay for the work even if they plan to claim the cost from the tenant;
    • Public authorities with control over Crown lands, parks, reserves etc do not have to contribute to fencing costs. However people living next to such properties may be able to negotiate with that authority for a contribution.
    • Common trusts are subject to the Dividing Fences Act 1991, and are liable for contributions to fencing.
    A sufficient dividing fence is defined as a fence which separates the properties, for example a paling fence in a residential area, or a wire and steel star post fence in a rural area. The owner who seeks a fence of a higher standard is liable to pay the difference in the cost between that fence and a sufficient dividing fence.
    - See more at: http://www.newcastle.nsw.gov.au/buil....7hALWw3B.dpuf
    Last edited by Little Ted; 27-03-2015 at 11:50.

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    Here is Law Assist website: http://www.lawassist.lawaccess.nsw.g...st_fences.html



    The Department of Lands is the authority charged with the administration of the Dividing Fences Act 1991. The Department sets fees, makes appropriate regulations and arranges for any necessary amendments to the Act.
    Advice relating to fencing disputes should be sought from other sources including Legal Aid Services, Chamber Magistrates at the local court, LawAccess NSW, Community Justice Centres or private lawyers.
    - See more at: http://www.newcastle.nsw.gov.au/buil....7hALWw3B.dpuf
    For more information on dividing fences and dispute resolution, please visit the Department of Lands website or visit the Law Assist website for assistance on:
    • Who should pay?
    • What type of fence?
    • Where should the fence go?
    • How to seek an agreement with your neighbour.
    - See more at: http://www.newcastle.nsw.gov.au/building_and_planning/building_and_development_advice/dividing_fences#sthash.7hALWw3B.dpuf



    Last edited by Little Ted; 27-03-2015 at 11:57.


 

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