As the saying goes, ‘good fences make good neighbours’.

But what if your neighbour wanted to make you pay for a fence that’s been around for 17 years?

That's exactly the case for a woman named Shannon who recently moved into a newly built home in Perth and received a surprising $506 invoice from the gentleman who lives in the house behind her.

‘My neighbour from behind me has come around and given me an invoice and a letter requesting payment for the rear fence that was built in 2005,’ she said.

‘The fence is rusted, it’s a different colour to all the rest of the fences, it’s not even the same height, it’s only 1500 mm high instead of 1800 mm high.’

In disbelief, Shannon asked the neighbour if he was kidding about the invoice. He said he wasn’t, and even informed her that she was the last of his neighbours not to pay.

Various Australian states have varying rules on liability when it comes to the construction of dividing fences. Stock Image Credit: Pexels/Kris Moklebust

Now, you might be asking: ‘What is that neighbour on?’

On to something, it seems!

Apparently, there’s a law that entitles him to ask for compensation!

According to the WA Dividing Fences Act of 1961: ‘the owners of adjoining lands not divided by a sufficient fence are liable to join in or contribute in equal proportions to the construction of a dividing fence between those lands’.

In short: Shannon has to pay up. To her credit, it appears Shannon knows she has to.

Tip

Check your state or territory’s laws on fencing in properties here!

But her issue lies in how much she has to shell out.

‘He’s only asking for $506, which is half of what he paid for the fence back then,’ Shannon said.

‘It’s not a huge amount, but it’s just the fact that the fence has been there for 17 years and he’s held this receipt in his hand, this invoice in his hand … waiting for the perfect time to come and hand it over.’

‘I know… I’m required to pay under the Dividing Fences Act, I’m just disputing how much I should pay given depreciation in the 17 years…’

Shannon wonders if she still has to pay $506 given more than a decade has passed since her neighbour’s fence was constructed. Stock Image Credit: Pexels/Snapwire

But for Johnson Kitto, a lawyer who heard of Shannon’s case, the issue wasn’t worth a legal challenge despite understanding that she has a point.

‘The best advice I can give to her is to simply pay it. I wouldn’t try to negotiate with him, it’s a relatively small amount,’ he said.

‘The law is on his side, as much as it pains me to say that, and he is entitled to half the cost of the construction back then.’

‘She’s getting a benefit because if he built the damn thing today it would probably be three or four times that amount.’

Well, we hope Shannon and her neighbour resolve their situation amicably — not like the two Sydney neighbours we earlier wrote about that took things to a whole other level.

We must also stress that if ever you find yourselves in a similar situation, please seek professional legal opinion available in your area.

If you have time, you might also want to read about similar arguments over fences:

• A new shed and fence next door spark neighbourhood feud - whose side are you on?
• Family feud: Neighbouring parties' argument over a fence captures the attention of authorities
• Distressed newlyweds cry for help as ‘neighbour from hell’ builds giant fence that could trap them from their home — ‘It’s like living in a nightmare’

So, what is your reaction to this story? Do you believe that Shannon was right to second guess if she still had to pay $506? Or, as the lawyer said, should she have just gone on and paid the amount?

Tell us your thoughts below!

 

[MotherGoose]

If I were her I would contact the previous owner of the home because it's likely that they gave this neighbour the money for the fence, or paid the contractor themselves their 50% share. Or, this neighbour stated that he would do the work on the cheap. Get the facts first. Plus, I would say that she wanted a brand new fence 'now' and obtain 3 quotes. I wouldn't pay it. She is not liable for what was agreed to beforehand by previous owner. If the previous owner did not pay, then the issue is still with the neighbour and the previous owner.

It's also likely that this new neighbour could be trying to Hood Wink her. That he tries it on all the time. I wonder how long the people lived at the home she just purchased. I 'just bet' he tried the same thing on them as well.

There was no previous owner of the house. The current owner is the one who built on on the land and therefore she is the one obliged by law to pay half the cost of a fence. Any previous owners of the land are not legally liable. The neighbour would not be likely to know who owned the vacant land before the current owner unless they went to the expense of paying for a title search, which is $96. I could be wrong but I doubt that somebody who hung onto a fencing invoice for $506 for 17 years would be wanting to spend money on a title search.