We are planning on having our boundary fences replaced soon as they are
quite deteriorated. We are surrounded on two sides by pensioners and on the
other by a rental. I am currently putting together the quotes and writing up
letters to go to everyone concerned.

What happens when/if a neighbour doesn't want to/can't pay their share? Can
you still go ahead with a fence if you pay for it yourself?

Also to save money we will be demolishing the old ones ourselves as they are
practically falling down. Is there a logical way to take them apart other
than paling by paling?

Thanks for any advice in advance,
Liz

In article ,
"Staycalm" wrote:

What happens when/if a neighbour doesn't want to/can't pay their share? Can
you still go ahead with a fence if you pay for it yourself?

Yes, but I think it has to be entirely on your property. Check with Council.
There might be soemthing about having to keep your fences maintained, so they
might have to stump up.

Something similar happens when only one party wants a fancier-than-normal
fence -- the one who wants fancy has to pay all costs above a bog-standard
fence, while the other neighbour pays half of bog-standard.

--
Chookie -- Sydney, Australia
(Replace "foulspambegone" with "optushome" to reply)

"In Melbourne there is plenty of vigour and eagerness, but there is
nothing worth being eager or vigorous about."
Francis Adams, The Australians, 1893.

Staycalm wrote:

What happens when/if a neighbour doesn't want to/can't pay their share? Can
you still go ahead with a fence if you pay for it yourself?

I would assume that there objection would be cost related only, if you
ask them they may be more than willing to have a new fence errected,
however they may not be able to afford it. I would say there would be
no problem errecting a fence wholey paid for by yourself but check with
your local council as they will definately be able to tell you where you
stand.

Also to save money we will be demolishing the old ones ourselves as they are
practically falling down. Is there a logical way to take them apart other
than paling by paling?

When we had ours removed they cut the cross members off at the post with
a chainsaw and carried the whole sections to the trailer. To remove the
posts the used a 4WD high lift jack. The put the lifting section of the
jack in the cutout where the cross member was and just jacked it up. I
was suprised at the simplicity and ease of it.

HTH

Matt.

"Staycalm" wrote in message
u...
We are planning on having our boundary fences replaced soon as they are
quite deteriorated. We are surrounded on two sides by pensioners and on
the other by a rental. I am currently putting together the quotes and
writing up letters to go to everyone concerned.

What happens when/if a neighbour doesn't want to/can't pay their share?
Can you still go ahead with a fence if you pay for it yourself?

Also to save money we will be demolishing the old ones ourselves as they
are practically falling down. Is there a logical way to take them apart
other than paling by paling?

Thanks for any advice in advance,
Liz

We made our neighbour on one side agree to putting up a proper fence between
us because he kept propping his pool gate open all the time and our toddlers
could quite easily climb the breezethrough fence and get into their pool.
He was really reluctant to do it because he thought a fence would make his
yard too hot. He finally agreed when we said we'd pay for all expenses if
he built it. When we put our pool in, our neighbour on the other side
didn't want to know about paying so we paid for it all ourselves. The back
fence, we went halves with the neighbour in costs and he built it!!

I am sure you can't make your neighbours pay unless the fence is damaged in
which case you are required to go halves to pay for the fence to be fixed.

Definitely check with your local council and DO NOT trust the word of the
estate agent. We once listened to an estate agent and paid half for a fence
to be fixed on a vacant block when the stupid neighbour hadn't installed it
correctly to begin with --- we were never consulted as to whether it was ok
or not to put that fence up which we wouldn't have approved of because it
was a Super 66 fence with the frame work on our side!!

A

g'day liz,

difficult in the case of pensioners if they are a limited income like
that and have no resources behind them. maybe at the very least they
could pay a small amount to you each fortnight/month? or just write it
off to being a good neighbour?

with the landlord that could be difficult but hope not.

in fence deals the neighbour need only pay their 1/2 of a standard
sort of fence anything above the norm' is you responsibility eg.,. the
norm' can be determined by the sort of fencing commonly used and
cheapset in your neighbourhood. but at all times keep away from
litigation just keep communication channels open with your neighbours.

of course if worse comes to worse and you want a particular type of
fence and a neighbour says 'no way jose' you can build your fence just
on the inside of that common boundry. but you cannot remove any part
of that old fence.

to pull the old one down by hand is probably going to be panel by
panel and splinters or hire a bobcat and use machine muscle lots
faster might be a bit more dearer, considering you will expend lots
less energy and no need for you to cart it to the dump wherever the
bobcat man can do that. and he can drill you new post holes while he
is there.



snipped
With peace and brightest of blessings,

len

--
"Be Content With What You Have And
May You Find Serenity and Tranquillity In
A World That You May Not Understand."

http://www.users.bigpond.com/gardenlen1

Staycalm wrote:

What happens when/if a neighbour doesn't want to/can't pay their share? Can
you still go ahead with a fence if you pay for it yourself?

1) google/online search,
2) ask your local council
3) try a community legal centre

Be prepared to compromise. It is totally unreasonable to expect the same
fence on all three boundaries as peeps have different tastes.
1 - brown with gal posts
2 - dark green
3- dark brown.

Far better to talk to all neighbours (the landlord (if you can), not the
rental), then to just send a letter. Two of my neighbours did this and
we did fine. The third got a big shock when I replied to his letter
"okay, but I want a 3m fence because your visitors don't repect our
privacy and throw rubbish over here (which was all returned to his
pool). We garden, they are concrete maniacs

The gotcha is that a fence literally has to totally demolish itself
before you can make a neighbour replace it, if council requires a fence.
The law doesn't see fashion/fads as a legitimate reason to require
replacement.


Also to save money we will be demolishing the old ones ourselves as they are
practically falling down. Is there a logical way to take them apart other
than paling by paling?

Depends on how you are getting rid of it from your property, if you are
not going to cut them up for the brazier for the winter BBQ.
With a nice hand sledge(?), one tap on the bottom then a tap on the top
flug the paling out to the side, where missus picked them up and loaded
the wheelbarrow.

When we (2 neighbours) costed DIY colourbond fencing, there was
nothing/little to be saved by doing it (the fence) ourselves.

Well it is all looking OK so far. I spoke over the fence to one neighbour
and he has given us the go ahead to collect quotes and pass on the info. He
said he's fine to pay his half too. Yay!

Husband spoke to wife of other neighbour. Sounds like they will struggle to
pay as lump sum so we will make arrangements to let them pay in installments
so long as they are agreeable.

The renter is going to pop in two posts set in cement to prop up our
toppling shared fence so that we can arrange a replacement with the
landlord, hopefully later in the year. That way he can be more financially
prepared and the renter can clear away all the junk they have propped up
along the fence.

Thanks for the advice about all this. It's been helpful.

Liz (currently filling a skip with lots of weeds, old rose bushes and
chopped up tree)

Staycalm wrote:
Well it is all looking OK so far. I spoke over the fence to one neighbour
and he has given us the go ahead to collect quotes and pass on the info. He
said he's fine to pay his half too. Yay!

Husband spoke to wife of other neighbour. Sounds like they will struggle to
pay as lump sum so we will make arrangements to let them pay in installments
so long as they are agreeable.

The renter is going to pop in two posts set in cement to prop up our
toppling shared fence so that we can arrange a replacement with the
landlord, hopefully later in the year. That way he can be more financially
prepared and the renter can clear away all the junk they have propped up
along the fence.

Thanks for the advice about all this. It's been helpful.

Liz (currently filling a skip with lots of weeds, old rose bushes and
chopped up tree)


The worst neighbour problem in any state? Guess ? No prizes. Its fence
disputes. Youre lucky. Some neighbours are neighbours from hell. But if
youre reasonable, keep your cool, everyone gets a great deal, and even
though its an expense, fair dealing creates good feeling. Most people
love to do the right thing. Good on ya. You did it right and remember,
they rpobably realise its gotta be done...

On Fri, 13 Jan 2006 20:53:12 +1100, "Staycalm"
wrote in aus.gardens:

We are planning on having our boundary fences replaced soon as they are
quite deteriorated. We are surrounded on two sides by pensioners and on the
other by a rental. I am currently putting together the quotes and writing up
letters to go to everyone concerned.

What happens when/if a neighbour doesn't want to/can't pay their share? Can
you still go ahead with a fence if you pay for it yourself?

Also to save money we will be demolishing the old ones ourselves as they are
practically falling down. Is there a logical way to take them apart other
than paling by paling?

Thanks for any advice in advance,
Liz


You had replies which cover most aspects BUT whatever you agree get
that agreement in writing and signed before you start building a fence
- a signed letter will do. but detail the type of fence who will build
it, who will pay and how much and anything else you think relevant.

Memories are not the most perfect thing something in writing stops a
lot of disputes after the event.


Regards
Prickles

Timendi causa est nescire
This message only uses recycled electrons

Staycalm writes:
We are planning on having our boundary fences replaced soon as they are
quite deteriorated. We are surrounded on two sides by pensioners and on the
other by a rental. I am currently putting together the quotes and writing up

If the neighbours are aged pensioners, is there any chance of speaking to
the sons/daughters? They might be happy to pay their parent's share, so
the parent isn't troubled by costs, assuming the property will in due
course be theirs. It's resale value will be improved by a good fence in
any case. (The sons/daughters might like to treat it as a birthday present
to their parents.) There is no harm in asking.

Also to save money we will be demolishing the old ones ourselves as they are
practically falling down. Is there a logical way to take them apart other
than paling by paling?

You don't say where you live, but if the old fence is of hardwood and
still in good condition for burning, advertise it as available 'for
removal' for stove or bbq fuel. Would be wise to make sure you are present
to ensure all care is taken and demolition applies to only the fence.
Depending on the locale, all you might need is a sign out the front.
--
John Savage (my news address is not valid for email)

G'day Liz

Old palings are worth more than you think! They are used to make photos
frames and other craft items and can be quite expensive, per paling, if
they are rotted/worn/etc. Advertise them on eBay or your local craft
group and I think you'll be surprised as to how much you recoup. Might
help replacement fence costs too.

HC ;-)

Staycalm wrote:
We are planning on having our boundary fences replaced soon as they are
quite deteriorated. We are surrounded on two sides by pensioners and on the
other by a rental. I am currently putting together the quotes and writing up
letters to go to everyone concerned.

What happens when/if a neighbour doesn't want to/can't pay their share? Can
you still go ahead with a fence if you pay for it yourself?

Also to save money we will be demolishing the old ones ourselves as they are
practically falling down. Is there a logical way to take them apart other
than paling by paling?

Thanks for any advice in advance,
Liz

Spiny Norman wrote:
On Fri, 13 Jan 2006 20:53:12 +1100, "Staycalm"
wrote in aus.gardens:


We are planning on having our boundary fences replaced soon as they are
quite deteriorated. We are surrounded on two sides by pensioners and on the
other by a rental. I am currently putting together the quotes and writing up
letters to go to everyone concerned.

What happens when/if a neighbour doesn't want to/can't pay their share? Can
you still go ahead with a fence if you pay for it yourself?

Also to save money we will be demolishing the old ones ourselves as they are
practically falling down. Is there a logical way to take them apart other
than paling by paling?

Thanks for any advice in advance,
Liz



You had replies which cover most aspects BUT whatever you agree get
that agreement in writing and signed before you start building a fence
- a signed letter will do. but detail the type of fence who will build
it, who will pay and how much and anything else you think relevant.

Memories are not the most perfect thing something in writing stops a
lot of disputes after the event.


Regards
Prickles

Timendi causa est nescire
This message only uses recycled electrons
The fencer who quotes will usually quote and get agreements when its
decided who wants what. They'll also advise as a rule. You only pay your
pay for your own side as agreed. He collects from the other party. If
there is one party wanting a super fence, he pays the difference between
a normal fence, and the super fence. But if other party doesnt want
this, for aesthetic reasons, you may have a fight on your hands... The
fencer will usually know the legal stuff from past experience.

On Sun, 15 Jan 2006 13:40:16 +1100, Jonno
wrote in aus.gardens:

The fencer who quotes will usually quote and get agreements when its
decided who wants what. They'll also advise as a rule. You only pay your
pay for your own side as agreed. He collects from the other party. If
there is one party wanting a super fence, he pays the difference between
a normal fence, and the super fence. But if other party doesnt want
this, for aesthetic reasons, you may have a fight on your hands... The
fencer will usually know the legal stuff from past experience.

That may well happen but it is not my experience with fencing, the
fencer will quote etc and advise but I have never had one sort out the
intricacies of who owes what. In my experience they much prefer to
deal with one party, they certainly will discuss matters with the
other party(s) involved but understandably are reluctant to make
agreements between them. I guess it influences cost too.


Regards
Prickles

Timendi causa est nescire
This message only uses recycled electrons

Liz,
If can get hold of an electric saw, cut the fence off at the posts like
someone else said, then just run a cut along the pailings to cut into
convenient sizes. Old fence can make a great garden border, leave the
rails, but cut the pailings about 30cm long, bury the rails and you'll end
up with a cute little picket fence border.

Might take a picture of mine in the morning and post it so you can see.
Geoff

Hi,

We discussed it with our neighbour first, and although she was prepared to
pay half
on the basis that we were doing the labour, we had a little trouble when the
fence was
up and reminding her of her agreed obligation.

Through a lawyer friend (a nice one :-) ), she said that even if there is a
verbal agreement
the neighbour is under no obligation to pay for 1/2.
But our neighbour had paid a couple of installments, so therefore she
obligated herself
to pay the rest.

In regards to your issues,
The rental property you would need to speak with the Body Corporate (Owners)
if it is the government and the fence is deteriorated, get them to come out
and
look at it to prove that a new fence is required.

If your neighbours can't pay for the fence, I'm sure they would have no
problems with you putting up a new fence, especially seeing you will pay
for the whole thing yourself. Ask if they are prepared to pay 1/2 first
or at least a contribution.

Good Luck
Craig and Co.