naughty fence idea...thoughts pls

hi,

got a property with old asbestos fence. ideally would like to change it to colorbond if possible.

so went and spoke with the neighbor personally and he stated that he's ok to split costs for removal of old fence and install new fence. on 2 conditions, that some small trees be removed completely and he pointed out that the small trees have pushed the the old fence a little bit into his boundary. (don't know how long ago that happened because property is newly bought few months ago) so the new fence must be on correct boundary he says.

so far i have removed the trees already and sent quotes to him for approval to go ahead. however, he now seems to be ignoring and pretending he doesn't get the quotes via email.

anyway, if he continues to ignore, can i put up a new colorbond fence on the boundary myself BUT

1. not remove the asbestos fence on his side. (since he is not sharing costs let him pay for removal)

2. choose a color i like since i really don't like the color he has on his other sides. Does he have a say on color if im paying?

just wondering if these are legal. some one you will probably say neighbor might get pissed ( but that's another matter)
 
good fences make good neighbours. Just pop a paper copy of the quote under his door. When we did this, we thought we were waiting for the neighbour to respond to us, but actually the neighbour had returned the quote back to the fencing company, and it was us that were holding up the process.
 
If you are paying and not hitting him up for any, then do whatever you want. If he is pitching in that's a different story.
In regards to the boundary it might pay to get a surveyor out there.
 
can i put up a new colorbond fence on the boundary myself BUT

1. not remove the asbestos fence on his side. (since he is not sharing costs let him pay for removal)

If the existing fence is currently on the boundary, then it is not possible to satisfy both. If you leave the old fence up, the new fence will need to be 50-100mm on your side.

Bottom line is that if the existing fence is not damaged, then neighbour is not obliged to pay half, but from what you have said he sounds reasonable.
 
ok quick update.

got an email from neighbor today 1 month after sending him quotes.

basically i satisfied his condition that trees be removed before doing anything.

he is saying that something has happened and he has no cash. and then the timing of it, he said bobcat onsite yesterday damaged the fence and left a big hole.

i feel like being played because of the timing and situation.

the fence have holes already from way before and i can see that he just put some patches/metal sheets on his side of fence.

should i just cop it or can i justify the fence was already in very bad condition and he should split costs with me.
 
depends on how keen you are for your fence,

ignore the hole in his fence garbage, he has ignored you, you ignore him, if push comes to shove he needs to prove there was no hole before, and that it was done by the bobcat,

if you are paying for it, then I would do whatever design I would,

if you put it up and he chucks up a stink, then bill him for your time for removing the ones on his side to shut him up

but unless you have it in writing, he cant be liable for half teh costs, and you would have to have done it exactly as agreed in writing

but at what cost of having a ****** neighbour, sounds like he is a ****** anyway
 
Asbestos fence at an IP that has been recently damaged?
The government is pretty keen to get rid of that stuff. You should be able to claim the cost of removal and disposal of the fence as a deduction. And there are some Private Rulings that indicate the cost of the new fence might be included as a deductible expense - much better than claiming it at 2.5%.
Ask your accountant.
 
Try this.................
 

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Cheaper to put the fence up that you want and leave the old asbestos fence where is is. Most of the cost of putting it in is pulling out the old fence.
Suit yourself with the colour and style.
Doing this seems to be popular in Perth.
 
Cheaper to put the fence up that you want and leave the old asbestos fence where is is. Most of the cost of putting it in is pulling out the old fence.
Suit yourself with the colour and style.
Doing this seems to be popular in Perth.

This would be my plan too. You have tried to come to an agreement and it hasnt worked.

Put your fence up and forget about the neighbour. Now the asbestos fence is his problem.
 
Get the "Dividing Fences Act" relevant to your state, and follow the instructions. If the old fence needs replacing (and since it's asbestos it can be argued that it does need replacing even if it's in good condition) and the new fence is reasonable, then the neighbour MUST pay their half, by law.

BUT you have to follow the instructions and not start work early (if you knock down the old and build a new fence, THEN ask the neighbours for half costs, they are under no obligation to contribute anything).
 
Get the "Dividing Fences Act" relevant to your state, and follow the instructions. If the old fence needs replacing (and since it's asbestos it can be argued that it does need replacing even if it's in good condition) and the new fence is reasonable, then the neighbour MUST pay their half, by law.
QUOTE]

A year ago a new paling fence was installed between me and my neighbour. He was happy to pay half. He then sold his house. The new neighbours didn't like the new fence and have simply built another fence right next to the old one. I don't mind at all.

I think the advice to call your local council is good. Depending on what they say, put up the fence of your choosing on your side. I wouldn't bother communicating any more with the neighbour. He obviously doesn't want a new fence. Leave the asbestos fence where it is, put your fence up and be prepared to pay for it yourself.
 
Stuff him, so sick of neighbours and fencing. I just put up 40m of retaining with new fencing on top on the boundary. I covered all costs, didnt care for color so let him choose and knocked it all over in 2 weeks doing all the labour myself so he saw me out there every night after work and all weekend. He still had the nerve to tell me it took too long complain his car got dusty.

Lets just say im a little peeved, haha
 
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