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  1. #11
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    4. My neighbour has a swimming pool. The dividing fence between our backyards is part of the fence around their swimming pool. The fence is falling down. Who has to pay to fix it?

    If a swimming pool fence is also part of a dividing fence, the owner of the property with the swimming pool is usually responsible for all expenses associated with constructing, altering, repairing, replacing or maintaining the part of the dividing fence that is also the swimming pool fence.
    The owner of the property with a swimming pool is also responsible for making sure that the swimming pool fence complies with laws about swimming pool fences.
    For more information, see Who should pay?

  2. #12
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  3. #13
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    What is a sufficient dividing fence?

    A sufficient dividing fence is one that adequately separates your land from your neighbour's land. What is a 'sufficient dividing fence' in your particular situation will depend on many things, including:
    • what type of existing fence there is, if any
    • what your land and the neighbouring land is used for, for example, you may need a particular fence to keep in pets or livestock
    • your privacy and your neighbour's privacy
    • the types of fences that are used in your area
    • the requirements of your local council, for example, in bush fire prone areas you may be restricted from building a fence out of easily flammable materials
    • whether your fence encloses a swimming pool.
    If one neighbour wants a fence that is of a higher standard than what is considered a 'sufficient dividing fence', they will need to pay the extra amount for that fence.

  4. #14
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    I think there may be some clause that they can only go ahead without your permission and agreement if they are unable to contact you. i.e. it is an empty section or something. You should check with the council if they will discuss regarding fences our council will not unfortunately

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    Thanks I've read and re-read the stuff on law assist and it doesn't really give me a definitive answer to whether we have to pay if there was a verbal agreement that it was entirely their cost and no quotes were provided to us, etc.

    That's where I am getting stuck

  6. #16
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    I always thought that a verbal agreement is a type of contract although it can be hard to prove. I wouldn't be paying.


 

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