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Thread: Have a court date for my fence!!!! Yippee!!!!

  1. #11
    Join Date
    Mar 2011
    Location
    Regional NSW
    Posts
    94

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    I won I won I won!!!!!!!!!!!!!!!!!!!!!!

    An hour at the court hearing which was very formal and then they (3 Land Board Members and 1 Court reporter) came out to my place to look at the fence.

    They deemed the fence as being inadequate and it has to be completely replaced. The new fence has to be 1200mm high, have barb on top, 4 lines of plain wire, star pickets every 4m, two new strainer posts (one at each end) and I am to pay the difference between ringlock and the chicken mesh.

    My neighbour was NOT A HAPPY MAN! He didnt understand the process, he didnt understand the gravity of the process and he didnt understand that the findings were FINAL. He thought he could appeal the decision! He did not have any defence other then he has 150 acres and I have 3, he has stock and I have a dog. He didnt have copies of his 'evidence' for me and he made some very silly, embarrasing to listen to comments during the hearing. I started off shakey because it was really duanting but eventually I got the hang of it and had an answer for all of his comments. The height of the fence (900mm) lost it for him, and the fact that it doesnt meet with the other fences and that you could clearly see that the lambs had been pushing under the fence.

    So now we have to get 3 quotes, send them to Parramatta, they will copy them and send them out to us. Between us we have to pick a quote and go with it. If we cant then the Chairman will pick on for us, all in 2 months.

    The thing that annoys me is that now instead of being able to buy the stuff myself and getting my BIL to come help (he is a fencing contractor) for next to nothing as a favour we now have to go the full hog and full price! Oh well. I am sure it will be worth it in the end.

    Thanks for your support guys. If anyone has any questions about the process I would be happy to answer them.

    Kerrie!

  2. #12

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    Wow ! I bet that you are pleased that is all over - and yes fronting a tribunal is a daunting task ! So while I am happy for you, I do feel a bit sad for your neighbours.

    In my experience some bad neighbours can turn into good neighbours - but it will require care and tack on your part. Now is the time to mend fences in more ways than one - and at the same time save both parties money, time and angst in the process !

    The tribunal has given you the specifications for the fence with the requirement for three quotes - one of which you and your neighbour will choose and agree on. The tribunal has not told you who is to do this work - only that it is to be done within a certain time frame.

    There are many different types of quotes that you can obtain - for example - supply and fit or just fit and you supply. The only requirement is that all 3 quotes are about the same thing i.e. all 3 to supply and fit or all 3 for fit and you supply - and more importantly that both parties agree on the final quote. So why can't your BIL put in a quote ?

    Just remember - everything in writing - and - best wishes for happy fence building !

  3. #13
    Join Date
    Mar 2011
    Location
    Regional NSW
    Posts
    94

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    We dont have a problem with our neighbour, he has HUGE problem with us, which started when we asked for a written receipt and a signed statement that closed the dog/sheep incident so that he couldnt come back at us with 'oh my horse has a sore leg, must have been your dogs' type statements forever more. Since then he has been impossible to speak with, WILL not directly address me in any way shape or form and his wife stands in the back ground chanting out 'we're rural, we're rural' the whole time (which she even did in court). I burst that bubble at the hearing by showing evidence that actually, we are both rural!

    I didnt take my neighbour to the Lands Board through choice. He TOLD me to take it to the Lands Board. So I did. He obviously didnt understand what this meant or what it would entail but neither did he try to find out. I think he thought it would just be some local blokes coming round, kicking the fence and then siding with him because he is the farmer.

    My BIL is quoting for the job. Supply and intstall. The neighbour will not work on the fence and we dont know enough about it to do it ourselves and if I get my BIL to do it and then we 'cut out' our labour costs by working with him then we will be seen as diddling the books.
    Last edited by kerriek_99; 04-01-2012 at 09:21 AM.

  4. #14
    Join Date
    Oct 2010
    Location
    Southern NSW
    Posts
    3,784

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    ......finally
    Pets are forever

  5. #15

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    Great news!

  6. #16

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    Great news Kerriek - not only was I hopeful for a great outcome for you but have been interested in following your story.

    We too are in the middle of a fencing dispute with our neighbour. Though there has been no exchange of harsh words he will just not agree to anything. He won't pay half, won't let us pay, wants a 2m high fence which requires council approval, doesn't have the money, may lose his job, wants to do it himself, his son is going to hospital etc etc. the list of excuses goes on and on and on. We approached him last November and indicated we would like the fence done in February which would give him/us time to get quotes and money together and decide on what we wanted and could agree on. I shut down my business for the month of February and then nothing came to fruition (more fool me) - lost about $2500 in income. As I run a dog minding business I did not want to risk any escapees.

    We did all the foot work and the quotes are all approx $1300. That is only $650.00 each. We were even willing to pay the whole cost. We have spent countless hours on the phone seeking advice.

    We have contacted the Dept of Lands and they have no jurisdiction because he has a pool in his backyard (over 20 years old) which has no pool fence. This makes it the council's problem and they are not very forthcoming with advice or help. If we place a formal complaint the council come in they decide whether the fence is safe or not - they would/could not even tell me what criteria they base their decision on. They did not seem interested in the fact that if the fence fell down young children and dogs were at risk of drowning. If we call in the Council not only will it cause a neighbour dispute but the neighbour can just puncture his pool (which they have not used in the past 10 years and the water is black) and empty it and then it is not a council matter. We then have to go to the local court which will probably direct us to mediation. I feel like we are in no man's land - though we are the victims the laws seem to be favouring him as no one will put their hand up, take responsibility and make a decision.

    In the meantime I am trying to make repairs to a fence which will probably come down in the next big storm. My dogs and kids can then get access to his yard which is not secure and get out onto a busy main road. I have been unable to board any small dogs as there is a risk they could get through fence gaps. I just don't get this guy and why it is such a problem - I know it is not my business as I have been running it for eight years and have never had a complaint and council visit every year to check everything out! I am particularly careful to not take dogs that bark excessively which would get my neighbours offside. If anything we had to put up with his husky howling for 10 years and we did not once complain.

    Glad common sense ruled the day for you.
    Last edited by ratbag jrt; 04-01-2012 at 08:12 PM.

  7. #17
    Join Date
    Mar 2011
    Location
    Regional NSW
    Posts
    94

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    I am feeling your pain JRT!!!

    You may or may not have done this but check out the Dviding fences Act (NSW)

    [url=http://www.legalanswers.sl.nsw.gov.au/resources.cfm/generalID/20/subjectID/133/]find LEGAL answers - Neighbours

    Also check out the Pool Act

    http://www.dlg.nsw.gov.au/dlg/dlghom...=0&ml=10&id=12

    If he has more then 2 hec he doesnt need a fence at the back of the pool.

    You can serve a fence notice on him, do the work and then fight over the money later. That would save you loosing money now. We didnt do this as there is too much angst and we were able to control our one dog til it is resolved. You however are loosing money so I would move on it.

    There is heaps of info on line at the Lands Board site. Hoep you find joy!

    Kerrie
    Last edited by kerriek_99; 04-02-2012 at 09:50 AM.

  8. #18
    Join Date
    Aug 2009
    Location
    Adelaide
    Posts
    12,581

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    Well done K99

    Maybe don't let your neighbour know it's your BIL quoting... and if your BIL can afford to quote a little bit cheaper... then he's more likely to get the job. I expect your neighbour is likely to know some fencing blokes who owe him favours too, but as long as the job in the end is lamb proof and reasonably dog proof (not sure that 1.2 m will be - but that's up to you) and the only thing that works reliably on horses is electric fence...

    Feels good, but it's not over until the fence is up. Sigh. Celebrate the little steps in the right direction.

    And I'd be tempted to plant a serious hedge between too. Box thorn.

    "we're rural". If he hasn't been there at least 5 generations - he's not a local...

  9. #19
    Join Date
    Aug 2011
    Location
    Bundaberg QLD
    Posts
    3,301

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    Congrats on the win !!! Like Hyacinth mentioned i'd be planting a hedge of sorts aswell....not sure if it grows well in your area but i'm a fan of non invasive Bamboo.....anyway what i'm getting at is he will be pissed and if he's a wanker...and going of your description, he is, he just may take it out on your dog. Fingers crossed he dosnt but it may pay to be very wary of him for a while until things smooth over.

    Ratbag JRT...i feel sorry for you. Just a thought....if you are willing to pay for the fence maybe sacrificing a foot or two of land and jut building a new one behind the old one might be ther go ?? Just my $0.02 cents.


    Quote Originally Posted by reyzor View Post
    Education is important, but big biceps are more importanter ...
    DONT SIC YOUR DOGMA ON ME !

  10. #20
    Join Date
    Mar 2011
    Location
    Regional NSW
    Posts
    94

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    Thanks Guys, a hedge is definatley a go when it all said and done.

    He is now taking to driving up and down the fence line at least once a week. I have contacted the police and reported his strange behaviour and the fact that he has been taking pics of our house etc so it has been recorded. He is one very strange puppy! He (and his driving children) now do burn outs up his drive everytime they come in. It throws up heaps of dust but it doesnt flow to us, it goes onto the poor people across the road!

    I have two quotes in, one from my BIL (who Neighbour doesnt know) but he WAY out on price compared to the other one and it is proving that my chicken mesh is cheaper then ringlock so he will be paying for half the ring lock! HA! It will have electric on top on our side to stop her from jumping (not that she knows she can) and to help deter the horse.

    Gigha is locked up when we arent here and under watchful eyes so if tries any thing we will have him. She sleeps in her crate inside of a night so no worries there either...

    Just want it done and dusted..then I only have 3 more boundary fences to go but she doesnt challenge them and they are in much better repair and also dont back onto stock so not such a worry.We will get there all in good time (and money!).

    Kerrie

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