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Thread ID: 134577 2013-07-16 03:58:00 Boundary hedge rny (6943) PC World Chat
Post ID Timestamp Content User
1348994 2013-07-19 23:02:00 All noted, thanks again.
Rny.
rny (6943)
1348995 2013-07-20 12:19:00 There is a certain amount of misunderstanding about the Fencing Act. Provided notices are given and agreed, neighbors are responsible for equal sharing of the cost of fence repairs or a new fence.

The law requires an adequate fence in the circumstances. That means you cannot compel your neighbour to fence the middle of a creek or river, neither can you compel a fence over a cliff. It also means that in farming areas, post and wire is sufficent.

However in a suburban setting post and wire is not adequate. So the assessment then becomes what is adequate to give privacy and security at a reasonable cost. One person may want a concrete block wall while the other considers corrugated iron is perfectly effective. If they cannot agree then either the Disputes Tribunal or a Judge will need to make a ruling. Generally the most simple fence is all that is required.

As for the OPs question, arguably the hedge is an existing adequate simple fence. This problem with suburban hedges is common and usually one person runs a length of netting along one side = end of problem. Indeed my neighbor has done exactly that to keep his dog in.
Winston001 (3612)
1348996 2013-07-21 00:14:00 Cheers Winston
Rny
rny (6943)
1348997 2013-07-29 06:50:00 Quick update, aforementioned friend has indeed replied to her neighbour, more or less telling him where to get off, and is awaiting a response. She does not wish to part with the hedge as it is a great windbreak from the westerlies that dominate the weather here in Invers.

Rny.
rny (6943)
1348998 2013-07-30 00:52:00 If the existing fence is "inadequate" (potential area of disagreement) your friend may be liable to pay half the cost of a fence which meets the minimum standard. Usually that is a 900mm high post and paling fence. Anything more that the neighbour wants to construct is at his own expense.
I would be finding out from the council whether the existing fence meets the minimum standard, and then if it doesn't, what the minimum standard is, and then getting several quotes from fencers to construct a fence to the minimum standard (even going to the fencer he is going to get to do the job for a quote) your friend is then able to lodge a fencing cross notice, at anytime during the 21 days of his original notice even right up to the day before his notice expires, proposing a fence that she is willing to pay a half share of.
Been there, done that.
Of course, if the dogs are out of control pitbulls then discretion is recommended.
theother1 (3573)
1348999 2013-07-30 03:03:00 Quick update, aforementioned friend has indeed replied to her neighbour, more or less telling him where to get off, and is awaiting a response. She does not wish to part with the hedge as it is a great windbreak from the westerlies that dominate the weather here in Invers.

Rny.

Good to see she has dug her toes in.

When we first shifted into our home, backed by State Advances Corp at rear of section, two homeowners on the sides;

We wanted 6 ft baby iron all round,

SAC paid half of what a 6 ft wooden paling fence would cost, we paid the difference.

Owner on the eastern side agreed up to where we had already a low privet hedge growing.

Owner on western side a bit more contrary, so we agreed to sections of baby iron and sections of palings.

When it came to getting rid of the privet hedge, (these folk were English and had an English bulldog, which never ventured through the hedge), they shared the cost of a paling fence equally.

Privet was a cause of allergies we were told.

Lurking.
Lurking (218)
1349000 2013-07-30 05:47:00 We were approached by our neighbours some 12 months ago now.

They gave us the price for a wooden fence, 1.8m tall. Ended up having the guy do the rest of our yard too, it was so cost effective, think it came to ballpark $3K for the whole thing! $6K seems like a *lot* for one fenceline :-/
Chilling_Silence (9)
1349001 2013-07-30 07:59:00 We were approached by our neighbours some 12 months ago now.

They gave us the price for a wooden fence, 1.8m tall. Ended up having the guy do the rest of our yard too, it was so cost effective, think it came to ballpark $3K for the whole thing! $6K seems like a *lot* for one fenceline :-/

How did you go with the garage roof at your church?
plod (107)
1349002 2013-07-30 10:48:00 The six grand was including the cost for removal of the hedge.
Rny.
rny (6943)
1349003 2013-07-30 13:47:00 Interesting, I always worked on the assumption both parties would have to agree before work could commence.

I thought so as well. Why is your neighbour allowed to go around doing stuff that you don't want, and change you for it later on, especially if you haven't agreed to it.
So, in all technicality, does that mean that the law states that if your neighbour has notified you, they can start work in 21 days, even if you haven't made a reply? Seems a tad bit unfair, and dodgy.
SanChippy (16951)
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