If you are unable to enter into an informal agreement, the law requires that you give notice to the owner of the neighbouring property to give details of the proposed fence. To avoid the cost and stress of going to court, the Victorian government has a free dispute resolution service called the Dispute Settlement Centre of Victoria. The centre offers conflicting neighbours the opportunity to meet in mediation and reach an agreement with the help of mediators that works for all. The service is free, informal and confidential. First, talk informally to your neighbour about the barrier separating your properties. If you both agree that the work needs to be done, then you may not have to follow the procedures of the closing law. You may be able to agree on the nature of the fence, the contractor you are going to deal with, how the costs will be paid for the closing work and the placement of the separation fence. If you are able to get such an agreement with your neighbor, then the fencing work can continue as agreed. The Fences Amendment Act specifies that homeowners must contribute equally to a “sufficient separation fence” and identifies a number of factors to consider in determining a sufficient separation fence. These factors include: the existing separation barrier, if any; The purposes for which the owners use or intend to use the adjacent land; Appropriate data protection concerns The types of separation fences used in the environment and other factors. A fencing agreement functions as a fencing alliance. In essence, a fencing agreement may include an agreement not to erect a fence. If a landlord or someone who entered the property with the owner`s express or tacit consent (such as a tenant or visitor) damages a separation fence intentionally or negligently, the landlord must pay for repairs to the fence.
However, this does not prevent the owner from recovering the payment from the person causing the damage. If, for example.B a tenant caused the damage, it would most likely be a breach of the tenancy agreement. The Fencing Act of 1978 (“the law”) addresses the question of who pays for the installation of fences and repairs of separation fences between adjacent lands. This can also be resolved by a fencing contract or an agreement. [Present all counter-proposals with the same specificity as required in the event of a closing notice.] If there are no objections, I will continue fencing in accordance with this communication and you will be accepted as the proposals presented in this notice and you will be obliged to share the costs accordingly. In addition, the contributions cover more than the construction or repair of the separation fence. Neighbours are required to contribute equally to fencing and other related work so that fencing can take place (called “ancillary work” in the Fencing Act) necessary for a sufficient separation fence. Depending on the circumstances, this may include the removal of the country, the removal of the existing separation barrier, the expansion of the country and the use of temporary barriers. We can understand why the neighbours are not satisfied with the situation, but it would be better if you could agree with them on the laying of the concrete road and the whistle, because the alternative to the agreement is to ask the district court for the order to cancel them.