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!

 

[Gazman]

What a load of shite - the original occupants should have to pay (17 years earlier). I'd put the house on the market and leave; without paying. In those 17 years how many others has this w nker got money from?

 

[Thecheesequeen]

Surely the statute of limitations is well past. And yes, I would be wondering if he got money from previous owners too. Also, $500 might be a trivial amount for some, but for others it’s rent and groceries for the week.

 

[Gazman]

Spot on to that too! I thought the statute of limitations is 5 years nowadays. The only thing that lasts forever that I know of is murder?

 

[Ashmenou]

I just wondering the neighbour has presented the same invoice to previous owners. Before Handing the payment, I would research it.one never knows

 

[Gazman]

Spot on to that too! I thought the statute of limitations is 5 years nowadays. The only thing that lasts forever that I know of is murder?

Actually, refuse and take him to court! Surely the courts would look at you kindly. Me thinks that this neighbor is an ass hole and you should get out quick smart (like everyone else has done).

 

[Luckyus]

Spot on to that too! I thought the statute of limitations is 5 years nowadays. The only thing that lasts forever that I know of is murder?

That's what I thought too only this ghastly me too movement amongst others now, it's getting that way that I wouldn't say good morning in passing to the (sic) fair sex.

 

[Jennylolo]

That is what is required, however - You were not the neighbour or owner of the land when the fence was erected- not your debt. Go to council and check what they say. If council says you have to, then go to a lawyer on first session free for advice. He was entitled to half cost when it was constructed and that's when he should have claimed it. I've done this twice- on a 7 acre property fence for the joining places and also with a house where the owners which happened to be housing trust for a replacement fence for their renters as it was falling down. I had issues with one of neighbours on 7 acre and that free lawyer session and set up a payment plan and time frame. He took her to small claims court as she didn't pay up, and then she paid only 2 months and refused to pay. Her kids then came in and turned on hoses and also wrapped a pony in the stable with a lunging rain so he couldn't move. I couldn't take either further but it was clear who did it. Have to get compensation at the time, not years down the track.

 

[IJH]

What a load of shite - the original occupants should have to pay (17 years earlier). I'd put the house on the market and leave; without paying. In those 17 years how many others has this w nker got money from?

I would send the invoice back with NOT FOR ME scrawled across it. I would also ask to see the original invoice for building the fence in the first place

 

[ian.monty]

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.

View attachment 10608

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’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…’

View attachment 10607

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!

 

[JayKay]

How would you find out if the invoice has already been paid, is this man is double-dipping?

 

[Shane O'Neill]

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.

View attachment 10608

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’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…’

View attachment 10607

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!

What a bullshit law

 

[Gerada]

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.

View attachment 10608

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’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…’

View attachment 10607

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!

Why didn't the neighbour give the bill to the previous owner? Why wait 17 years. I would not pay this & he can do the legals for the lit.

 

[MotherGoose]

What is legal, what is moral, and what is fair are often very different things. People here are spouting off saying it's not her debt - but unfortunately it is by WA law and the article states that. The statute of limitations does not apply in this case - because it does not start until there is a building on the block, which was only recent. This is where it pays to do your homework (which the neighbour has obviously done). It is very easy to find out information regarding one's rights and obligations when it comes to shared fences. As the article specifies, for those who missed it, the homeowner has acknowledged that she owes the money. WA law says that you are not obligated to pay a share of the fence while the land lies vacant. (Which means that the neighbour would not have been able to collect from previous owners of the block unless they were ignorant of their legal rights). However, as soon as you build on the land, you are obligated to pay half the cost of whatever the council/state law decides is the minimum quality fence required. Shannon may not have been the first owner of the land but she was the one who built on it, so her choices are - pay up (cheapest option), or go to court and dispute it (a more expensive option and she might lose), or, given that the fence is allegedly rusted and not high enough, she can ask the council to come out and inspect the fence. If it is not up to code and/or in poor condition, the council may condemn it and then Shannon and the neighbour would need to replace the fence with a better one. That would, of course, cost a lot more. Her decision will likely be dependent upon what she can afford. If it was me, I would pursue the third option - if I had to pay for a fence, I'd rather pay more for a decent one, and, with any luck, the neighbour would be really sorry he opened that can of worms. But I am lucky enough to be able to afford to do that and Shannon may not be. With any luck, if the fence is in bad shape, it might come down in a storm and then homeowner's insurance would pay for a new fence.

 

[Luckyus]

What is legal, what is moral, and what is fair are often very different things. People here are spouting off saying it's not her debt - but unfortunately it is by WA law and the article states that. The statute of limitations does not apply in this case - because it does not start until there is a building on the block, which was only recent. This is where it pays to do your homework (which the neighbour has obviously done). It is very easy to find out information regarding one's rights and obligations when it comes to shared fences. As the article specifies, for those who missed it, the homeowner has acknowledged that she owes the money. WA law says that you are not obligated to pay a share of the fence while the land lies vacant. (Which means that the neighbour would not have been able to collect from previous owners of the block unless they were ignorant of their legal rights). However, as soon as you build on the land, you are obligated to pay half the cost of whatever the council/state law decides is the minimum quality fence required. Shannon may not have been the first owner of the land but she was the one who built on it, so her choices are - pay up (cheapest option), or go to court and dispute it (a more expensive option and she might lose), or, given that the fence is allegedly rusted and not high enough, she can ask the council to come out and inspect the fence. If it is not up to code and/or in poor condition, the council may condemn it and then Shannon and the neighbour would need to replace the fence with a better one. That would, of course, cost a lot more. Her decision will likely be dependent upon what she can afford. If it was me, I would pursue the third option - if I had to pay for a fence, I'd rather pay more for a decent one, and, with any luck, the neighbour would be really sorry he opened that can of worms. But I am lucky enough to be able to afford to do that and Shannon may not be. With any luck, if the fence is in bad shape, it might come down in a storm and then homeowner's insurance would pay for a new fence.

Last year I lost about a fence, I got quotes and my agreed with me on a repairer, however, due to her idiocy, the fencer decided that he would have a problem with her non payment so cancelled on me even though I said that I'd sort it out. nine months It took me to get her agreement and a new fencer.

 

[MotherGoose]

Last year I lost about a fence, I got quotes and my agreed with me on a repairer, however, due to her idiocy, the fencer decided that he would have a problem with her non payment so cancelled on me even though I said that I'd sort it out. nine months It took me to get her agreement and a new fencer.

I had to have a fence replaced recently and the fencer required that the person who ordered the fence was responsible for the entire bill if the other party re-negs on paying their half and has that written into the contract. Thankfully, although she was a little bit difficult to deal with, my neighbour paid her half.

 

[DavidC57]

To MotherGoose
I'm interested in knowing where you got your info from, for your detailed post at 6:17tonight ?
Where are your facts from?
Can you quote your sources, please?

 

[MotherGoose]

I am in WA. With regard to fencing, there are federal, state and local laws to be considered, so it does vary. I just happen to know a lot about it from experience. Information is easy to find regarding these laws via Google. One of the most succinct summary of our laws in WA is in a pamphlet issued by the WA Citizens Advice Bureau but you also need to check the laws in the shire or city you live in.

https://www.cabwa.com.au/images/publications/Dividing_Fences.pdf

 

[Eveanngra37@gmail]

What a load of shite - the original occupants should have to pay (17 years earlier). I'd put the house on the market and leave; without paying. In those 17 years how many others has this w nker got money from?

We were in a similar position. We couldn't claim half until a building was erected on the block. It was several years after the fence was erected that we could claim . WA Law.

 

[MindyMac]

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.