Fencing laws

[guest3462]

Can anybody help me to understand the silly fencing laws of SA?
The owners of the block of land next door to us are refusing to accept any mail from us in regards to paying for the boundary fencing. The land was for sale and we are unsure if it has sold or not, as the sign has gone, but according to the council, the original owners are still the taxpayers and legal owners. We bought our block off them and they misled us with bonuses and stuff which has ended up costing us about $9000!!
They have only a PO box address and our registered mail is being refused by them at the post office.The post office have said that they are actually refusing it rather than not going for any mail and the form 1 was refused after the initial 30 day period.
The biggest problem we have however, is that they live in Victoria, where the laws are different and they are not legally obliged to pay even if a judge in court rules that they do here in SA. As far as I can work out from the free legal services, we would have to lodge in court in both SA and Victoria, which would cost us loads more than the $1500 we are after!!

Does any one have any advice or serious comments as I am ready for exploding. Everything we do here seems to cost us thousands!
Thanks for listening to my rant and please help
Julia

[redfoxy]

Can anybody help me to understand the silly fencing laws of SA?
The owners of the block of land next door to us are refusing to accept any mail from us in regards to paying for the boundary fencing. The land was for sale and we are unsure if it has sold or not, as the sign has gone, but according to the council, the original owners are still the taxpayers and legal owners. We bought our block off them and they misled us with bonuses and stuff which has ended up costing us about $9000!!
They have only a PO box address and our registered mail is being refused by them at the post office.The post office have said that they are actually refusing it rather than not going for any mail and the form 1 was refused after the initial 30 day period.
The biggest problem we have however, is that they live in Victoria, where the laws are different and they are not legally obliged to pay even if a judge in court rules that they do here in SA. As far as I can work out from the free legal services, we would have to lodge in court in both SA and Victoria, which would cost us loads more than the $1500 we are after!!

Does any one have any advice or serious comments as I am ready for exploding. Everything we do here seems to cost us thousands!
Thanks for listening to my rant and please help
Julia

Hi Julia, my total sympathies !! sorry I canot help but agree with you and yes everything does seems to cost here every time you breathe !!!

Sorry to ask this in your time of woe but do you know who you write to about what fence you can put up where ? as we have an unusal block and position as our front garden does not front the road but the next doors block private access driveway.

Perhaps you can send them a solicitors letter ? maybe a letter will only cost ABOUT $ 80 ??

Its all pay pay out I know and you will be like us trying to make the house on a mud patch into a home !

Sympathies !!!



Lyn

[nishman]

It might be better to wait until someone builds on the block and resolve it with the owner - you would then deal with the new owner?
We've been lucky with both our neighbours, but our neighbour's other side has been giving them similar problems to yours. They are at a loss, with the only option left to chase it through the small claims court (for the sake of $700!). The problem seems to be when they are interstate or a landlord, not an owner-occupier...
Sorry - not much help, but just to empathise with your situation...

[guest3462]

Lynn, we rang Onkaparinga council and they sent us a book out about fencing laws and they told us our boundary lines, then when the fencing man came he knew where the boundary line was as he contacted the council too.
Julia xxx

[graandjac]

:)I know every site has different laws(or rules),but most land owners have to start their build within a certian time of buying the block, so hopefully it wont be long before they start to build. We aere just about to make contact with our neighbours on our block so fingers crossed.........good luck with your predicament.

[redfoxy]

Lynn, we rang Onkaparinga council and they sent us a book out about fencing laws and they told us our boundary lines, then when the fencing man came he knew where the boundary line was as he contacted the council too.
Julia xxx

Hi Julia, Thanks for that I will do that today !

Whos is doing your patio etc ? we had a price for printed concrete at $ 6300 for about 6m x 12m and are getting someone round at weekend for a pergola.

After spending 2 sundays weeding the front garden we need to buy 6 cubic metres of mulch but need a wheel barrow !. I noticed the weeds are growing again and its only been 4 days !!

Our garden is huge its going to cost a fortune to get it all done and we have vistors in Feb so we want to get it nice for then.

Lyn

[Tina P]

They are at a loss, with the only option left to chase it through the small claims court (for the sake of $700!).

Hi

Is that how much it costs to take a small claim to court ?

Our disturbed neighbour wants a 3 sleeper high retaining wall and for us to pay 100%, we have had 3 quotes that all state we need 1 sleeper high and the cost should be 50%.

I have set the ball rolling with mediation but he is so blinkered and thinks he is right it will end up in court.
Has anyone taken a neighbour to court over a fence problem before ?

Trouble is if he looses and has to pay 1/2 the fence costs (which Im sure he will loose) he can pay us in installments at what ever he wants.

He gets his keys is 2 days time, anyone know a hitman ?

Tina

[redfoxy]

They are at a loss, with the only option left to chase it through the small claims court (for the sake of $700!).

Hi

Is that how much it costs to take a small claim to court ?

Our disturbed neighbour wants a 3 sleeper high retaining wall and for us to pay 100%, we have had 3 quotes that all state we need 1 sleeper high and the cost should be 50%.

I have set the ball rolling with mediation but he is so blinkered and thinks he is right it will end up in court.
Has anyone taken a neighbour to court over a fence problem before ?

Trouble is if he looses and has to pay 1/2 the fence costs (which Im sure he will loose) he can pay us in installments at what ever he wants.

He gets his keys is 2 days time, anyone know a hitman ?

Tina

Fencing issues seem like a mine field !! lets hope he doesnt stand on one eh ??

:jimlad:

[cliffy]

Retaining walls are not covered by the same legislation as fences, and in our case, we legally had to cover the full cost as the cut for our house was below the level of the road and our house had been built first.
This may help: http://www.lawhandbook.sa.gov.au/ch30s04.php The local council gave us an information booklet, but I can't find it at present to tell you its name. Try approaching Onkaparinga Council, they were most helpful with information
This is a good site for learning about Fences http://www.fencingonline.com.au/disp...-australia.htm but the law society also have a useful booklet.

[Bodie]

Hi Redfoxy, I wouldn't worry about doing too much weeding before your visitors arrive in Feb - Summer will take care of that for you!