Greatage

New member
Jan 17, 2022
10
9
3
Cairns
Ruined fence.

Hi. Hope this is okay to ask. My neighbours intrusive weed vines have absolutely rotted my 6ft high paling fence over a few years. I trim it off my fence regularly and asked him if he would keep it to himself to no avail. Am I in my rights to ask him to pay at least half the repair? Thank you for any advice.20220125_163213.jpg
 
If you and your neighbour agree on the work and the cost-sharing, you do not have to follow the procedure under the Fences Act. However, even if you do not follow the procedure, it is wise to make a written agreement, signed by both of you.
It should state clearly what work is to be done, what materials will be used, what quotes have been accepted, and how the cost will be shared.

Attach copies of quotes for all work. A clear, signed agreement should spell out what was agreed to - without it you could still end up in court.
What if we can’t agree?
If you can’t agree, try mediation first. This can be cheaper and quicker than court,

Source: https://lsc.sa.gov.au/resources.pdf

FENCESAND THE LAW - Legal Services Commission of S.A.
 
Yes. We got 3 quote’s first before asking our neighbour, just to be prepared.
To my surprise she agreed.
So you have nothing to loose by asking.
Hope this is helpful
Thank you for your reply. Good idea.
If you and your neighbour agree on the work and the cost-sharing, you do not have to follow the procedure under the Fences Act. However, even if you do not follow the procedure, it is wise to make a written agreement, signed by both of you.
It should state clearly what work is to be done, what materials will be used, what quotes have been accepted, and how the cost will be shared.

Attach copies of quotes for all work. A clear, signed agreement should spell out what was agreed to - without it you could still end up in court.
What if we can’t agree?
If you can’t agree, try mediation first. This can be cheaper and quicker than court,

Source: https://lsc.sa.gov.au/resources.pdf

FENCESAND THE LAW - Legal Services Commission of S.A.
Thank you for the information.
 

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