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Iam requiring some legal information regarding a dividing…

Hello, Iam requiring some...

Hello, Iam requiring some legal information regarding a dividing fence law for a boundary fence line between our property and next door property

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

I have had communication with the owner of the property next door which is a rental as well. The last tenants arrived 6 months ago and at that stage were domestic violence problems. They had incurred damage to the front of the property when they first arrived. At that stage , we met with the owner at the fence and requested to enter the property to trim down the shrubery on the fence line. To which he allowed and we also requested to apply maintenance to the already existing fence. He allowed us to do so, in turn I had verbally expressed that we would fix the problems but noted that the fence would need replacing soon, but as the tennents had caused monetary damage to the front of the house and therefore he said he did not want to spend any money on a fence due to the cost of the damages. I stated we would hold back to replace in some consideration but it would need replacing and asked when they would leave. I stated that we would still need a new fence and that we would get quotes to send to him. WE are in Qld. As the tenants have left after enduring patience to their domestic violence and they are no longer on the property, and the fence is about to fall down as it is rotted away in the main posts and bearers.

Lawyer's Assistant: What steps have you taken so far?

WE have forwarded two quotes , sent information regarding Dividing Fence Law Act QLD with noticed for URGENT FENCE REPLACEMENT DUE TO SAFETY. I have had verbal and now all written notification via mail/post and also by email. And today further contact for the rebuild to commence. At first he stated verbally that he was fine with the contractor entering property to do work. but now after we have requested payment for the half of the existing fence at the height of 1.5 mtr 32 mts length of boundary wooden CVC treated with replacement for already existing mow strip as is. WE are building the same length in Colourbond but only requesting half of the existing fence. with mow strip with two quotes added for his information.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He is now stating that he does not wish to pay for the request for the already existing fence as he is now selling the property, we have stated regardless of his desire to sell, there is still a urgent need to replace the fence due to safety as homeowners.

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Customer reply replied 5 months ago
forwarded message:
From: Rose Baxter <*****@******.***>
Date: 17 March 2018 at 12:06:14 PM AEST
To: ***** ***** <*****@******.***>
Subject: Re: fence
Dear Nieke and Cess Sliedrecht,Thank you for your email.
Firstly I would like to reiterate that when I spoke to Cess on the phone, I had requested permission for the contractor to enter premises to put up a new fence, as it is visible that the old fence is about to actually fall down, which is unsafe and we would not be covered if any person/s would enter either property due to duty of care, which falls back on our responsibility as home owners. Therefore there is an urgent need to replace the fence. Originally I spoke with you to get a baring on first approach to fix the fence. It was your verbal automatic reply to tell us that you were in consideration to sell. Which is your option, however, the replacement still needs to be done. In the case that you have spent money on your rental investment has no tie to our request to replace an unsafe fence.
In understanding of this there could be some time passed before actual sale, and as the fence is about to fall down, we do not wish to have any risk posed upon us as due to safety of fence falling down with duty of care. We first approached you several months ago, when your last tenants first arrived, and we had to clear branches from property line from shrubs. I had discussed with you the need of having to repair fence at that point and to have permission to enter property to trim trees and try to upkeep fence until we have it replaced. This was done until, I had gathered all quotes to you for replacement of fence, to which you gave us permission to do so. You had mentioned you didn't want to pay for fence condition as you had to pay for repairs to your property due to damage incurred whilst tenants were occupying your property. At that stage, I had pointed out that it will have some maintenance but would in the near future need to be replaced. To this noted that the fence is beyond repair as it is about to fall down. To which you responded that you were not willing to pay for a fence, due to other costs. We are within our right to replace due to our concerns of safety. At that point we were not trying to demand anything but to start open communication regarding the fence. We would have replaced immediately a new fence, but due to being tennants to whom were of domestic violence problems, we held back as you gave us a timeline of 16 Th March end period date to their departure. We have been more than patient and understanding due to the circumstance, but now need to replace the fence.
With the additional shared information from Dividing Fencing Laws forwarded to you, we have been fair to request that you pay as legal requirement the half of already existing fence, and have done so. The mowing strip is only being replaced as it already exists and will be damaged when the old fence is removed.
We have forwarded two quotes in fairness only requires one, but have tried to instal new fence at the most fair lowest quote with trusted contractor.
In regard to you not wanting to do so, only warrants that the new fence will add to value of your property, and in any event whether you have decided to sell, it still needs urgent repair.At this stage, I had given you some input about with time allowing you to understand the need for replacement. But the actual fence needs urgent repair.We would like to add that if there is no agreement, we will seek further legal advice. As in turn your property will be adding value with sale with a new fence. And there is no time frame as to when your property will actually sell.We hope that you could come to an amicable agreement with the shared cost of half of existing fence for costs incurred by replacement fence.
We hope to hear from you to come to some amicable agreement.Regards, *****Sent from my iPadOn 16 Mar 2018, at 6:22 PM, Cees Sliedrecht <*****@******.***> wrote:16th March 2018Dear Mr and Mrs Baxter,We have just received your notice in regards ***** ***** fence.When I spoke with Rose by phone on Monday 12th March , you asked me whether it was ok for you to enter our property to do some fixing up of the present fence. I agreed to that.To our surprise, It now appears that you are going to install a new one, commencing Monday 19th, with a proposal to go halves. This leaves us with little or no notice.As you know we are selling the property and will sign an agreement with an agent in the week commencing Monday 19th March.We have no intentions whatsoever to re let the place even if it takes some time to sell it. Therefore we do not think you have to worry about safety issues or having new tenants with or without pets again when we are the owners of the property.Another consideration is that the eventual buyer may have his or her own ideas about the kind of fencing they want
Customer reply replied 5 months ago
Under the circumstances, we may only consider the absolute minimum in legal fencing requirements.At this point in time, after just spending thousands of dollars to remedy damage done to our property, it is for us not a financially opportune time to have a new fence in whatever shape or form installed.Our suggestion, in the meantime, is to tag back the lose palings ( I am quite happy to assist) until the property is sold and then it becomes an arrangement between you and the new owner.You could then decide whether to have an 0.5mtrs high paling fence without mow strip or like the one you have decided on.We appreciate your good thoughts and thank you for your wonderful communication.The last 6 months have been highly disappointing, aggravating and frustrating for both you and us. We simply had our fate put in the hands of our agent.The costs now put upon us is hugely higher than the small weekly rental we have received.Let's hope that the tide turns and all goes well from here onwards
Answered in 15 hours by:
3/18/2018
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,901
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Good Morning

I note that you have send emails etc but you need to send them a fencing notice in writing under the Act

https://publications.qld.gov.au/dataset/fc2234ca-1f02-42f2-a58c-45b390abd623/resource/1b83edfc-9a08-4ced-8a56-fdf5647c5bc9/download/form2ndr.pdf.

If you do this and they refuse then you can take the to QCAT to have an order made for them to pay.

But you have to follow the correct process under the Act.

If you have not given then the written notice then you have a problem where they may not have to pay for the fence.

So if you want to make sure that they will pay you need to ensure the notice has been given before the work.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,901
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
Leon and 87 other Australia Law Specialists are ready to help you
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Customer reply replied 4 months ago
Hello
Thank you for your reply, we did have a written letter of Urgent Request Fence Replacement outlining all two quotes and when commencement of work was to begin. All information forwarded by post, and I have kept all copies of all communications.
Appreciate your input, but my question was could we still proceed with entering property and begin work regardless of payment at this stage. thank you anyway, kind regards Rose

Good Morning

All the best and good luck

Provided any damage to their property is repaired there is no issue

If they take issue and stop access today you will have to take the matter to QCAT.

They can withdraw consent at any time.

Regards

Leon

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