Fence problem :(

Hoping someone can help me with this saga.
My neighbors have built a second house at the back of their property.
It was agreed that once this house was finished, we would replace part of our fence. (paying half each)
Lots of thing have happened which I haven't been to happy about- but I haven't kicked up to much stink, trying to be neighborly.
2 weeks ago, they removed my entire fence without my permission and came onto my property.
This made me mad.
Now tonight, our new fence has been finished- I go out to have a look and the fence has been built 100 millimeters, over the boundary onto my side.
I have paid for half of my half.
What should I do here?
Friends have told me to tell him to pull it down and put it in the correct spot.
What would you do?

Hard one. I would be pee'd off if it wasn't on the boundary as they can't just give them selves an extra couple of inches! Depends on whether you want a fight I guess but I would raise it!

I'm planning on raising it with him tomorrow- I'd love to know legally what my options are here though.

I wouldn't tolerate that. I would ask them to move the fence to the boundary at no cost to you. If they don’t agree to do that I would rapidly escalate the matter through your local council. The relevant act is the Dividing Fences Act. If I have time later I’ll see if I can link you to the relevant bit (but the council should know all about it).

Blergh, what a PITA. Good luck. :hug:

Hmmm...tough one. I would not be happy about it and would most likely raise the issue with them, it may only be 100mm but it is your land.

Is 100mm (so 10 centimetres right?) worth causing a whole lot of potential bad blood between you and your neighbour? Perhaps make it clear that you aren't happy about how it's been handled by that you're not going to make him change it even though you are well within your rights to do so.

My neighbor organized the fence- so I'm assuming he will say that the fencer did it in the wrong spot?

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Is 100mm (so 10 centimetres right?) worth causing a whole lot of potential bad blood between you and your neighbour? Perhaps make it clear that you aren't happy about how it's been handled by that you're not going to make him change it even though you are well within your rights to do so.

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Absolutely ausgirl- this is possibly what I am leaning towards.
I will definitely be telling him that I'm not happy.

That's OK - the fencer can fix it then for his mistake.

And yes, 4" on a long boundary is a LOT of land, I'd be complaining too. Plus, they've done a lot of stuff without your permission and trespassed on your property, again, complain-worthy.

I'd raise it. You've been more than compensating for what's been going on. You have a child and a dog and I would have lost it when the fence was pulled down initially (and then loosing a stack of backyard space too). You'll forever know that the fence isn't right so the fencer needs to fix it.

Just talking to DH about this as he is a builder, and the measurement is taken from the centre of the post, not where the palings are, so you need to check that firstly and then see if it is worth following up further. You need to be sure how far out it is according to the title line, not just where the old fence was. If there is a further dispute, the builder would be liable but it is the owners responsibility to show where the new fence is to go. You might need to even find out if the old fence was in the right spot because it is possible they have moved it in accordance with the title line. Really tricky hun, once you talk to them you may also need to get a surveyor out to measure it out accurately according to the title line, because if it is out by 100mm you would want it moved.

Thanks tanstar- could you ask your DH's opinion on what he would do?

He suggested that the first thing you need to do is work out if it is out from where the title line is. Now the only really accurate way to do that is to get a surveyor, if it is out because of where the old fence is, he suggested that you would firstly be talking to your neighbour about why the fence is where it is, why it is out from where the old fence was, how the builder knew where to put the new fence? If they used the title line, then it could be that the old one was off, if not, then they guessed and should move it back. If it turns into a further dispute you would then need to get a surveyor in to show that the fence is in the wrong possie. He also asked if the palings have switched??? As in are they now on the opposite side (eg. do you have posts on your side instead of palings?) as that can make it seem like the whole fence is out.

Haven't switched, have the post and pailing side, not the flat side.
They built a brick wall on the boundary, the fence matches up with the wall, but the posts are completely on my property, whereas I thought they should be half on each? Ie set in the middle?

Thanks to your DH!

Ps how do I find out about the title line?

DH thinks if they have put a brick fence in that they more than likely would have used a surveyor to find out where the line is. He strongly suggests you talk to the builder, or the owner of th property first as they are responsible and go from there because they will definitely know what has happened. (He said there may even be survey pegs around that you can see, metal pegs in the ground which can then measure the line. The title line is on your actual title - tricky to measure up yourself but the builder should have done it.) Good luck hun - Im off to bed but let me know how you go tomorrow. xoxoxo

Thanks hun- it's a timber fence with a brick wall for part of it.
Ie the brick wall substitutes part of the fence.

I guess the issue is what was the correct line - where the new fence is, where the old fence was or somewhere in between?

If the old fence has was in the wrong spot but had been there for 25 or 30 years then under adverse possession you might be able to claim that becomes the new title line. I believer on the law institute of Victoria website there is a guide to fencing disputes.

Before I got a survey done I would be looking at my own title and getting one of those really long tape measures and trying to work out if they have taken land or if the last fence was in the wrong spot. If you use a tent peg to hold to tape in place you should be able to get a pretty good measurement. If you think they have taken your land I would then speak to the council about it they might be able to help. Or speak to the department of infrastructure, who should hold the latest land survey for you to get a copy of. I would be complaining about it though, not just because it is 10cm x whatever length your property is but if you want to build you might have to pay to get a new survey done & then change your title etc.

How did you go with this hun? Did you manage to speak to the owner/builder about it???

I spoke with the owner by myself and he basically fobbed me off.
The fence is also poorly built which angers me more than 50 millimeters.
My neighbor actually then came over later that arvo when my husband and 2 other male neighbors were there also.
They showed him the issues.
He agreed that the fence is shoddy and in the wrong position.
He agreed to move the fence and fix it.
We'll see....

Thanks for checking on me :)


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Good to hear hun, the fact that he agreed is good. Just document it on your calendar or diary and keep on him to fix it! oxoxo