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Answered in 1 hour by:
7/7/2011
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 52,712
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
VerifiedGood Afternoon
You have to send them an fencing notice and if they dont agree then you have to go to court.
http://www.fencingonline.com.au/disputes/victoria-notice-01.htm
He is liable to pay for half the cost of a standard timber fence.
Here is some detailed information about fencing disputes in Victoria
http://www.lawhandbook.org.au/handbook/ch10s02s05.php
I hope this is of assistance and if so please click on the accept button.
Good Afternoon
You can build it on your property that is your choice.
By doing this though you cause issues that if the old fence goes the boundaries are incorrect and over time he may claim your land as his own.
I would not suggest doing this but it is your choice.
He is liable for half of the cost of the fence and as it is a boundary fence should be on the boundary.
Placing it on your land would cause issues in the future.
I hope this is of assistance and if so please click on the accept button.
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 52,712
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
VerifiedLeon and 87 other Australia Law Specialists are ready to help you
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