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?
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Results 11 to 16 of 16
27-03-2015 12:00 #11
27-03-2015 12:01 #12
When costs don't have to be shared
Costs may not have to be shared equally if:
- One neighbour wants a dividing fence that is of a greater standard than what is "sufficient"
- The original dividing fence was damaged or destroyed by an owner or occupier of the land
- One neighbour is willing to pay the entire cost of building, fixing or repairing a dividing fence.
- Fencing work was done without agreement or a Fencing Order (unless the fencing work was urgent)
- Your neighbour is a public authority such as a local council or the Department of Housing
- The dividing fence is also part of a swimming pool fence
27-03-2015 12:04 #13
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.
27-03-2015 12:11 #14Member
- Join Date
- Dec 2008
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
27-03-2015 13:34 #15
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
27-03-2015 15:09 #16Senior Member
- Join Date
- Aug 2013
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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