our neighbour buil a fence without a fencing notice,lawyer says cant take them to court as its not on the boundary it has left a trench 20 metres long and approx 60cm wide and 40 cm deep as we are higher than them, cheapest and easiets solution seems to be for us to build another fence alongside inside our boundary anyone know of any issues this might create with council as it makes a no mans land strip in between the 2 fences neigbours are totally unapproacachable, if we fill in the ditch with anything like soile etc it will come part way up the fence and start to rot or damage it then they can say we damaged the fence any ideas for our expensive (free fence) as the neighbour put it when we tried to speak to them
wembley1,
Oct 17, 1:34pm
Build a fence inside your boundary so the neighbour has no say on it. Paint their side fluorescent pink.
tweake,
Oct 17, 2:20pm
got a pic of it? afaik you cannot do earthworks etc that damages the neighbours land. the trench will slip and fall in eroding your land (assuming the trench is on the boundary). that needs to be filled in. the neighbour should have built a retaining wall and may be in breach of council rules.
catbrat,
Oct 17, 2:42pm
sadly we have checked with council and not breaching any rules took the council 6 weeks to decide. we contacted them as the neighbours had an old concrete retaining wall that was cracked along thier driveway about 60-70cm wide,they bolted the fence posts into the cracked concrete and cut the posts in a lL shape over the top of the concrete, an enginner friend was quite shocked council allowed it, after speaking with council they had an issue deciding if it is a fence or a retaining wall that is 1.5 metres above groiund. there is a record of it at council now in case there is a slip or anything, our main issue now is the trench, which a lawyer has advised approching council as it a hazard, we thought another fence our side will nit only hide the ugly trench but make our side safer the trench is on their land was on their side now on ours
tweake,
Oct 17, 3:33pm
why would there be a trench if they bolted posts to the retaining wall? pics would help a lot.
lythande1,
Oct 17, 4:24pm
I had his at my last place, not done by us or current neighbour. It filled with leaves and stuff over time and composted, when I pulled it down (rotten) it was full of dirt and worms etc.
catbrat,
Oct 17, 4:40pm
sorry dont have a photo, but there was a wall but it was lower than the base of the old fence and had a garden in it
pico42,
Oct 17, 6:41pm
Fill the trench with drainage aggregate so it doesn’t hold water and rot the fence.
tygertung,
Oct 17, 7:27pm
The fence should be treated anyway, but just fill it, what are they going to do? Happy days anyway as you have more land now.
It would take a very long time to rot if it is treated timber., especially as it will dry from the other side. Remember the fence posts are going into the ground.
rainrain1,
Oct 17, 7:37pm
Captain Hook
oh_hunnihunni,
Oct 17, 8:28pm
That was my first thought too.
koru67,
Oct 18, 7:40am
Is the trench is on your side of the new fence but is actually the neighbours land?
amasser,
Oct 18, 10:07am
Only several years whereas you might get 30 years from treated palings.
A picture or diagram would help but neighbours should not be under-mining your section.
stbossman,
Oct 18, 11:06am
the trench is actually their ;land but on our siude of the fence
stbossman,
Oct 18, 11:08am
the fence although they had it built by a builder has railings that are internal framing timber as the stamp says the posts are not in the ground but bolted to an old crete wall
tygertung,
Oct 18, 1:00pm
Could put some black polythene plastic against the fence before you fill it to stop the fence getting wet.
pico42,
Oct 18, 1:54pm
Build another fence on the boundary. Issue a fencing notice first, detailing the type of fence, the expected costs and their 50% contribution to it.
Why did they build a fence internally in the first place? What discussions / interactions have there been to prompt the current state of affairs?
clangie,
Oct 18, 1:56pm
issue them a fencing notice to have a fence built on the boundary, they will have to do it and pay half-and then they will have 2 fences haha
stbossman,
Oct 18, 2:39pm
Pico we have issued fencing notice 2weeks ago but have had a reply that the fence they built is adaquate, maybe for them not us, so we are going to build inside our boundary so there will be 2 fences, as for any diuscussions we have had none, first we knew about a fence was when they started to build,, they have been there 18 months we said hello when they moved in but nothing more, since moving in they have built fences on all boundarys regardless of other neighbours, but as the street is a hill, the others havent ' been left with a trench. tottally selfish, all I was wondering is if council can prosecute us for building anothet fence, but as friend suggested we call it a screen to screen out their fence
stbossman,
Oct 18, 2:40pm
tried to get some quotes but the builders that came wont touch the job as another new fence is there
tygertung,
Oct 18, 6:32pm
Just build the worlds smallest retaining wall. All you will need are some treated stakes, hammer them into the ground to the right level and then screw/nail/bolt a couple of 200x25mm planks to them, then you can fill against that. Would be way cheaper than building a new fence and wouldn't take too long to do either.
pico42,
Oct 18, 8:35pm
The council won’t care. They will do what they can to stay out of fencing disputes. The fence they have built may normally be adequate, but for the fact it is not on the boundary. Respond that the fence you are proposing is a boundary fence for the purposes of the fencing act, not whatever that fence they have built is. Unless they confirm that their new fence can be regarded as the boundary fence. could respond “thank you for confirming that the fence you have built is an adequate boundary fence and that we may regard the line of that fence as the boundary between the two properties”. Forces the issue one way or the other.
erra,
Oct 18, 8:48pm
A fence does not have to be on a boundary.My fence was built 6 inches on my side of my boundary pegs because the neighbor slapped a trespass order on the workers, so no one could step on her property to build the fence.
pico42,
Sep 19, 4:07am
A boundary fence must be on the boundary, unless agreed otherwise or ordered by the court. See s22 of the Fencing Act.
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