Bad neighbor fencing ?

[DOC]

The building dramas continue, no i have no lovin feeling left.

Any fencing experts tell me if a fence line where one side has the poles and other the flat, that a neighbor can place the poles on the wrong side just because he is paying for the fence.

these few inches mean the already small driveway will now become to thin to get the ford in and out, mean the fence wont close and any hope of getting out will mean balancing half a tyre over a 8 inch drop of concrete , right.

he sits there and tells me he can do what he likes if he pays, is this true?

where has the Aussie spirit gone and then he tries to tell me its a good neighbor fence which is bull crap.

I have told him if he does it my trusty hacksaw will get a workout, perhaps he thinks I'm joking I'm not sure.

[XR6_661]

He can't build anything that goes onto your property.

Go down to the council chambers and get a RP plan of your lot. Measure it up, if he is on your property, get a notice sent to him to relocate the fence at his own cost or face legal action.

Not sure if it's right on the boundary line though...If it's on his land then there is nothing you can do.

[Yellow_Festiva]

As far as I could remember, the old wooden fences were opposites, ie, if 1 side was facing you, the other side would have the rails towards you.

Why are you not splitting the fence cost 50/50?

[Blue Ice]

I thought any fence dividing two properties was to be paid for by both parties involved? That was the case when we had ours replaced 4 or 5 years ago. Had a proper form with all the details and costs stated from the council. Was initiated by our neighbor.

[ILLaViTaR]

Yes both parties paid in our case. Unsure if that's the law.

However it is the law if he goes on your property. No matter what excuse he comes up with it's YOUR PROPERTY if he builds it on there without your permission, you have as much right to chainsaw it down.

[DOC]

There is nothing wrong with the fence, he wants a pretty new one, to go with his pretty new house. yes it should be one side polls one side flat, he is trying to spin a liner, part of me says make it a high fence so i cant see him.

[MoreHPformyXR6]

Hope it all work's out in the end Pete, it would be nice to think he can compromise to keep all concerned happy.

[XR6_661]

Pay to get it moved, and then when he says 'You can't do that!' Fire back and say, well, I payed for it?

[ILLaViTaR]

Originally Posted by XR6_661

Pay to get it moved, and then when he says 'You can't do that!' Fire back and say, well, I payed for it?

I'm assuming he doesn't want to fork out any cash, hence him not paying in the first place. Your situation is rather common (picky house enthusiasts everywhere), it's his choice to upgrade it and he can bear it.

Also make sure the new fence is better than the old, you'd be surprised at some of the things I saw the tradies do.

[reece1]

Originally Posted by DOC

There is nothing wrong with the fence, he wants a pretty new one, to go with his pretty new house. yes it should be one side polls one side flat, he is trying to spin a liner, part of me says make it a high fence so i cant see him.

any new development is resposible for fence. if they do not wish to use existing one.if the post is 100mm wide he gets 50mm on his property and you get 50mm on your property its as simple as that

[pottsy44]

why not have a colorbond fence? or is there an 88B restriction?

what council are you in?

[JG66ME]

Insist on a colour bond fence. They look the same from both sides and are half the thickness.

Steve

edit, as post above, singing from the same song book

[mad cow]

how about when the fence is finished, simply concrete the area between your driveway and the fence to fill in the gap that your wheel would have dropped in to.

[FPV GT40]

If you are not paying for the fence (you do not have to) you get what he wants, of course he will not pay for a new fence and give you the good side...that would make him an idiot.

With my neighbour we payed for half the fence each, and all is good.

If you do not want a new fence you do not have to pay, but you can not stop him from putting up a fence, it must however be on the boundary, not your side or his side, half each...very simple really.

[Silver Ghia]

Normally the palings or whatever sits right on the boundary line with the posts on yours or the neigbours side. Normally the person arranging the fence elects which side the posts go on, normally not his.

I would push for the colorbond fence, having minimal intrusion onto your property, as mentioned before.

[gz1]

With a pole fence the center of the poles has to be on the boundary. so the side that gets the poles will have the best clearance as you won't have the extra thickness of the posts added. Yea it's only 1/2 inch but still.
so id the post is say 6 inch x 6 inch there will be 3 inches on each side of the boundary. If then the palings go on his side, that is a paling thickness less you need to worry about.
But it must be really tight already if a max of 3 inches will make a difference. What type of fence is there now?.

[DOC]

ah well will see what happens, people who fus over 2 inches of dirt but cause major head aches are givin me the crappers its all one way with these guys, had enough war paint on, hacksaw out and will swing a sledge hammer over the shoulder. now lets play fences.

[Munch]

Which state you in?

In melbourne, head down to Land Victoria. Its level 10, 570 bourke street. Ask for a copy of the plan for your address (roughly $6-10). The map will give you the size and measurements of your property (if it's a recent purchase, your Contract [which will contain a Section 32 statement - where to find a copy of the plan] will give you the same for free).

All you do now is measure your property, and if its out by quite a bit, it may be wise to get a surveyor in to measure it, as Land Vic don't trust randoms lol

But you have to remember that if the fence has been moved for over a continuous period of 15 years or more and the neighbour (or subsequent neighbours) has/have maintained it (proof or rates, maintenence, etc) they can claim adverse posession and have the property boundaries amended... and they get the extra land.... for free!

This is Victorian Law, however, it's basically the same with other states

[Smoke Pursuit]

The last house we built ourselves we built the fences on our side of the boundary (and paid for them) as we thought it was the right thing to do.. Seems 50/50 should be the case providing both parties agree on style etc, but in our case we wanted colourbond (timber is ) and went with it... Colourbond would be good for you to, its much thiner which means even if you have it on yourside the panels are much smaller and the posts are flush with panels.. Ill try and take a pic for you if you want.

[XD 351 Ute]

Originally Posted by DOC

ah well will see what happens, people who fus over 2 inches of dirt but cause major head aches are givin me the crappers its all one way with these guys, had enough war paint on, hacksaw out and will swing a sledge hammer over the shoulder. now lets play fences.

Now you're talking!

Ed

[DOC]

so id the post is say 6 inch x 6 inch there will be 3 inches on each side of the boundary

thats it he wants to cut holes in the already impossible thin drive and drop the full 6 inches my side, but he did offer to use the angle grinder to cut the gate down 6 inches i can close it again.

some people? anyway kip time for me.

[gz1]

Originally Posted by DOC

thats it he wants to cut holes in the already impossible thin drive and drop the full 6 inches my side, but he did offer to use the angle grinder to cut the gate down 6 inches i can close it again.

some people? anyway kip time for me.

Nahh he can't have that!. No way even if the drive was wide enough already. That's going a bit too far I recon.

[tempest]

lol, you should cop it until its built (mind you get a plan and a surveyor to tripple check that it is indeed in your property) wait till ure tosspot neighbour is out front mowing is precious lawns or watever, and take the biggest hammer in the world to it right before him. When he cracks the tanks, simply and convieniently point out that you can do whatever you like with something that is on your property.

All going well your tosspot neighbour will be out of pocket a few grand lol.

Fight fire with fire.

[Rodp]

Seems like a lot of P&*S the neighbour off messages. It always ends in a no win situation. Tosspot neighbour out a few grand, I doubt he'll take that lightly.

I'd grab a 6 pack, a couple of steaks, knock on his door and call a truce. Then perhaps you can sit down and talk calmly about what the best way would be to proceed.

[XR-ENVI]

our empty block is getting a new fence on one boundry this week and we told the neighbours that we were happy for the railings and posts to be on our side as this will be the 'dead' side of our house. BUt this decision is up to the fencer as it depends on the wind direction. this is the first fence in the street

[phoenix99]

looking at all the houses on our street each house gets one "good" side and a post side withoutany exceptions

[gregg_13]

If he builds a structure off his own back then all footings and poles must be within his boundary and must reach all council guidelines, if the fence is over 6ft in most cases a plan or information of sorts may need to be supplied to council for permission to build.

But im with alot of the others, get a full proprty report and get a surveyor to check the boundaries properly.

[DOC]

Well all is well that ends well, there was an emergency meeting of of council ( him and me ) and through gentle discussions, including an immediate no go exclusion zone for any workers or trucks and a gentle understanding that placing poles in the middle of a drive was not dissimilar to placing trees on a downhill ski slope, ( sooner or later one of them would be hit ), and that i would probably need to invite my bro over who has a lovely old holden Ute with a bull bar that quite wide, we were sure this rare occurrence could be speed up, and that with every repair my bro would be welcome to drop by again and again and again.

This along with the unfair to my neighbor act, council decided it had acted hastily in its decision making and instantly overturned the the said planning approvals, and that now it would revert back to friendly ways of dealing with the problem. ( IE lets widen the drive, pour some concrete in the drop off re set the gate line, then you can go ahead and play move the pole approach).

The remarkable turnaround has seen the tools of trade ( the hacksaw and sledge hammer ) retire back to the quite corners of the shed and all residents returned to a normal state of sanity.

It is nice when people learn to play games properly.

[Jason[98.EL]]

good stuff DOC

if only all tossers played like that