Yes milo. I had to replace the boundary fence between my neighbour and myself in Geelong about 10 years ago. The usual way is both pay half of the account. I had the fencer make out two accounts, one for me and one for the neighbour. But first I would be getting the fence checked by someone in the know in case they are not right about the condition of the fence.
As Marj sez .... BUT - if you think the fence is OK, then get someone who knows - a "licenced" fencing contractor for instance - to check it and give you a WRITTEN report stating its condition is not in need of replacing.
Then, if you do not want to have the fence replaced, the Housing Commission (or any landholder) cannot force you to pay half of the fence.
If they consider THEY want it replaced, and you don't, THEY can go ahead and pay the full price. Otherwise, they can simply wait until it falls down (or degenerates) and then you will have to pay your half.
Cheers - John
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2006 Discovery 3 TDV6 SE Auto - 2008 23ft Golden Eagle Hunter Some people feel the rain - the others just get wet - Bob Dylan
We are in the process of replacing a fence, with the Dept of Housing as the neighbour.
You are obliged to pay half of the fence- but only a basic fence - in my case colourbond or paling. If the neighbour wants anything more than that, then they pay the extra.
The cost guide is Perimeter Paling Fence 1600 - 1900mm high - approx $ 57 - 100 (per metre)- so your share is half of that.
A fence does not include a retaining wall.
The best place for information is your local council's website. or this one www.lawlink.nsw.gov.au/lawlink/LawAccess/ll_lawassist.nsf/pages/lawassist_buidingfixingreplacing_fences
Basic colorbond fence is approx $100 per panel (2.4m). Guessing here but if you are on an old quarter acre size block then it would be in the vicinity of 50 metres in depth therefore 20 panels would be required so $2000. You would pay half.
Ring a fencing company and ask them to come out and inspect your fence and get a quote to replace it. As John said get a written report. A quote will also give you an idea of what the fence will cost and give you a bargaining point should the Dept of Housing quote be not in the same ball park figure.
Believe it or not there is actually a Fence Act, it has all the info you need. Get a second opinion as to the condition of the fence. Dept of Housing are easily led. I knew of a fencing contractor who did work for the commision and when things got quiet he just went and found a fence and told the commision it needed fixing.
i just had my Gardner guy out, who also fixes dads place too , he's a very well trusted guy around town. According to him the fence is solid, there's a few minor things to fix but he's happy with it, in his mind it should last another five or so years at least he will fix the lean that's down one end of it .. and clean up any rubbish etc around it But he said he wouldn't worry about it too much
Thats good news milo. Won't cost you much at all. My fence that I mentioned earlier was about 10 years ago Cost about 1200 dollars. I remember my share being about $650.
I don't now about over east but in WA fences are generally cement fibre or colour bond.
With the cement fibre (used to be called Supersix in the asbestos days) the ground damp breaks down the fibre at ground level after a while and it breaks off easily especially in high winds.
When asbestos was used it had a better resilience to water (damp) etc and generally lasted long, but since it was banned the new stuff aint up to it.
Insurance companies in WA paying for storm or wind damage are now happy to pay half the cost of replacement in colour bond as although a bit (not much) more expensive they know they will have less claims than with the cement fibre. And yes, each owner on either side of the fence pays half, but not for an upmarket fence that is more expensive, an owner is only bound to pay for half the cost of a basic fence if at all.
If you gardener fixes your fence ok Milo, just write to them and tell they this and the fence is secure and you are happy with the fence as it is. If they are not happy with this go and see your local state MP and tell him the situation.
Don't let them bully you!
-- Edited by Duh on Friday 20th of July 2012 06:31:40 PM
From my understanding and off the top of my head (maybe totally off my head) I believe that the" DividingFences Act" requires each landholder on the boundary to pay their share of a "like for like" fence. If one party requires something more elaborate or costly then they pay for the extra cost.
I think there may also be something about fitting in with the amenity of the neighbourhood.