Thread: Hi and question re fence not on boundary

depending on waht teh ground is like.

with 100mm square posts is usually better to cement the posts in same goes for teh steel posts supplied with teh colourbond fence as they are not big enough to have enough resistance on there own in dirt

with a paling fence you have to mortice the posts to accommodate rails, put up 3 rails nd tehn screw every paling to teh fence with 5 screws.

with a colour bond fence you simply put teh posts in screw teh bottom rail on. slip teh sheets in and put the top rail inplace.

and i can assure you my fences are of the highest quality and i offer a good warranty over workmanship. i have been back and fixed fences free of charge becuase tehy got backed into or materials have not lasted.

From the NSW Dividing fences Act . . . .

http://www.legislation.nsw.gov.au/maintop/view/inforce/act+72+1991+cd+0+N

"6 General principle—liability for fencing work

(1) An adjoining owner is liable, in respect of adjoining lands , where there is no sufficient dividing fenceto contribute to the carrying out of fencing work that results or would result in the provision of a dividing fence of a standard not greater than the standard for a sufficient dividing fence."

It's pretty simple IMHO . . . You don't not have to pay half the costs if there is a sufficient dividing fence in place. From what you say, you do have a dividing fence and it sounds like it is very sufficient.

To put it another way. . . 'No sufficient fence' would mean A: no fence at all or B: A fence that is dilapidated and in ruins (e.g. insufficient)

Therefore, if you both agree on the boundary line and your neighbour is stupid enough to spend money to move the fence 2 inches onto that boundary line . . . let him go for it.

There's my two cents worth
Good luck.

One last tip that might help you in this situation (or in life generally) . . . NEVER argue with an idiot. They only drag you down to their level and beat you with experience.

screw palings to the rail , I've been putting up fences for , ( from your other posts ) longer than you have been alive , since when is 5 screws better than 6 galvo nails on a three rail fence, if you can drive them that is, 3 hits per nail, and cutting a 1/2 lap in a 4 x 4 , though I usually cut a full lap , but then again I've been doing it longer than you , takes less then 1 minute per post ( trick is weisy you do it before you put them in the ground, and you use a sharp chisel and an electric saw )
now from your post " with a colour bond fence you simply put teh posts in screw teh bottom rail on. slip teh sheets in and put the top rail inplace. "
Is this before or after you make sure the posts are aligned , the botton rail is level and the posts are the correct distance apart to suit the over lap of the sheet profile , the shavings from the teh screws where do they go to rust, teh holes from the teh screws do you remove the screws and give them a touch of the same colour rust guard to the holes , or havent you been aruond 25 years to see the result , gee I have , I don't get called back and have never blamed materials for not lasting

Cheers Bazz - just what I needed
Fellers you can all stop now .... I don't want to start a blue about who puts up the best fence
PG

Originally Posted by johnc

At no point does this refer back to any logic, its a reinvention of the facts, it provides no regulation or basis for a conclusion. Asking $14,000 is an absurd proposition that at best could be called ludicrous. This type of outcome can never move beyond the placement of a boundry fence.

John
you live in Sale, I live in Sydney

I don't know what land value your Council rates are calculated on, in my case the value, (now 2 to 3 years old) is $4,000 per sq.m
as I posted a recent sale within 500m of where I live valued the land at arround $7,000 per sq.m – I think the amount paid for the 500 sq.m property ($4.075M) was way over the top but it's likely that's the value which will be used to set future land values in the area.
even at the current land value of $4,000 per sq.m, 2 sq.m (20m x 10cm) equates to $8,000.

To my mind the issue is perfectly clear
PG removed the original boundary fence
PG's neighbour wants the boundary fence reinstated
PG would like to use an existing fence located on her neighbour's property (which happened to be in place prior to PG removing the original boundary fence) as the new boundary fence.
this is not unreasonable, but because the fence is not on the boundary and was not errected to be the boundary fence, PG should expect to have to purchase the sliver of land necessary to make the land boundary coincide with the fence.


all talk about tollerances in the context of the situation described is nonsense.
Any tollerances which might apply to boundary fences relate to the impracticality of locating a boundary fence precisely on the boundary -- and hence some leeway must be allowed for.

The existing fence was not errected to be the boundary fence so I fail to see how it can become the boundary fence unless the land boundary is moved to coincide with it.

OK ladies and gents. Barring fringe views the consensus view is the neighbours fence is OK as a barrier, If both parties are happy then there is no need to do anything. If one party contests it then the tin fence goes and the standard fence is installed, costs being shared for construction of standard fence. Fence to be erected on the boundary so surveyer is needed. That being so this post is now going round in circles. On the renovative forum on a post like this (emission trading) I post pictures of interesting wheels, should I start that here?

watch out boys hes resorting to threatening us with pictures of wheels.

i dont see what teh difference between moving teh old fence and building a new one is.

Originally Posted by purple girl

Cheers Bazz - just what I needed