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Thread ID: 76675 2007-02-08 22:05:00 who pays for a fence at a house?50-50? lance4k (4644) PC World Chat
Post ID Timestamp Content User
524018 2007-02-08 23:17:00 Is there already a fence?
Do you think this fence is adequate
Morgenmuffel (187)
524019 2007-02-08 23:34:00 No, you cannot necessarilly refuse to pay.

Nope, doesn't work like that.

Not necessary to throw money at lawyers unless it turns into a real shitfight. Better of talking to your local TA/City Council.

No, well perhaps.

Bad?

Granted, I don't have your law degree, but "No I won't pay" sounds like a refusal to me. So yes, you can refuse. Getting away with it is another story....

My advice was you can attempt to show an inability to pay. As I said before, "good luck". So yes, it DOES work like that. Again, best of british getting away with it.
allblack (6574)
524020 2007-02-08 23:44:00 Just TALK to the neighbour. Explain that you don't want a new fence because of x, y, and z reason. Don't throw the law in his/her face first off. somebody (208)
524021 2007-02-08 23:51:00 Granted, I don't have your law degree, but "No I won't pay" sounds like a refusal to me. So yes, you can refuse. Getting away with it is another story....

My advice was you can attempt to show an inability to pay. As I said before, "good luck". So yes, it DOES work like that. Again, best of british getting away with it.

Splitting hairs between the ability to refuse and the consequences after the fact. Tich tich.

Anywho, you have a point. Having a quick squiz at the ACT, it seems to be more conciliatory than I remember (can't be bothered digging out my old copy at the mo though), based more on consensus/agreement than previous compulsion/prescription and throws in typically (for recent times) wishy washy terms like adequate fence (though it does define "adequate" somewhat in the schedule).

What is a reasonable cost (in the circumstances) appears to have become important. The problem with that approach is that is leaves more room for interpretation and therefore disagreement which will more often lead to litigation (lawyers win win again). On the up side, if people have a desire to be good neighbours, it can lead to a better quality of arrangements and fencing than previously.


The old 5 wire fence seems to have gone too. It was a handy threat to erect a 5 wire fence instead of your proposed preference as a bluff to get cooperation from an intransigent neighbour, i.e. accept this or get that while paying 1/2 for the privilege of having the crudiest fence in the neighbourhood.

BTW, I'm not a lawyer, perish the thought, merely been around the building and development game for a while.

Where's Winnie? Hallllloooooo!
Murray P (44)
524022 2007-02-09 00:55:00 I think Nigel's onto it.

If there is an existing fence that meets the minimum requirements, I don't think you have to pay anything.
decibel (11645)
524023 2007-02-09 01:04:00 I think Nigel's onto it.

If there is an existing fence that meets the minimum requirements, I don't think you have to pay anything.

Yeah? Be curious to know if that's correct.....

Murray? Got a view on this seeing as you seem to know your stuff?
allblack (6574)
524024 2007-02-09 01:14:00 What happens if they build a $100,000 stone masonry fence, do you have to pay half for that. KiwiTT_NZ (233)
524025 2007-02-09 03:14:00 As before all the answers to the above questions are here in plain English -

www.consumer.org.nz
dvm (6543)
524026 2007-02-09 03:57:00 What happens if they build a $100,000 stone masonry fence, do you have to pay half for that.

That would be a hellava big wall....

Boring fact number 432- I done a year of masonry, Rebuilt the seawalls along the Brisbane river, originally built by the convicts.
Metla (12)
524027 2007-02-09 04:07:00 That would be a hellava big wall....

Boring fact number 432- I done a year of masonry, Rebuilt the seawalls along the Brisbane river, originally built by the convicts.

so nothing has changed?
plod (107)
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