Fence dividing properties question

[Rajvosa]

hi guys,
just wanted to check something with you regarding the fence thats dividing my rental property and neighbour next door.
they called me couple of weeks back saying that my vegetation is pushing the fence over and has cracked a few panels . ive seen this over time but was always put in the 'too hard basket' to deal with it.
they were requesting politely for me to take care of it and fix it up..

anyways i got someone to clean up the vegetation and roots that were pushing it along the fence and then today had fence guy go see the job and quote me. while talking to him about different options he mentions that they are responsible for 1/2 the payment... which i know is the case but im not sure what happen when its my tree causing the damage..

then he has a look at my block level and it sits about 300mm higher than next door units that were build much much later than my old house... he says that that is also a contributing factor as my soil would have pushed the fence over along with roots....

not sure which way to go about it? i obviously would prefer to pay only half but im not sure if i need to call the local council and enquire etc etc

thank you

[TheChad]

Is there a retaining wall on the other side?

Just let them know they're up for 50%. They'll flip their lid probably, if they've decided it was your tree that did it.
Or cop it and have peace?

[Sensible]

Read the Residental Fencing Act and it is all there

https://www.commerce.wa.gov.au/building-commission/dividing-fences-0


Plus if the natural ground level has been changed by his build then he is also meant to retain the existing land

[dattoman]

Ask for half but expect to pay for it all
I'm going thru this also with a neighbour that's trees destroyed the fence (and my shed)

Check your councils determination of a fence... as the act can be abit loose
Especially point 3.

A dividing fence is a ‘sufficient fence’ that separates the land of different owners, whether on the common boundary of adjoining lands or in a line other than the common boundary.

A ‘sufficient fence’ is:

a fence prescribed by a local government local law as the minimum standard of fencing in that locality;
a fence of any standard agreed upon by adjoining owners provided that it does not fall below the standard prescribed by the relevant local government law;
a sufficient fence that is ordinarily capable of resisting the trespass of cattle and sheep; or
a fence determined by a magistrate in a magistrates' court to be a sufficient fence.

[dmanvan]

Read the Residental Fencing Act and it is all there

https://www.commerce.wa.gov.au/building-commission/dividing-fences-0


Plus if the natural ground level has been changed by his build then he is also meant to retain the existing land

this spot, on. did you have pics of when fence was put in or what ground level on their side was before their development... as Like Sensible said, if they messed with the levels and didn't retain then they will have to retain ... which seems like that is what caused problem to said fence in this instance...

//

[Rajvosa]

this spot, on. did you have pics of when fence was put in or what ground level on their side was before their development... as Like Sensible said, if they messed with the levels and didn't retain then they will have to retain ... which seems like that is what caused problem to said fence in this instance...

//

I bought the house in 2004 and had tenants since. Can’t even remember when the other two were built so I don’t have any pics unfortunately.

Is there anything that council can do?? Or is it a matter of getting another couple fence quotes and see if they say the same thing about the different levels...

Edit: the front house apparently was built similar time as mine, late 60’s. The back one was 1998...

[rgvlee]

I am pretty sure trees causing the fence damage is the responsibility of the property where the tree resides, it's one of the few cases where one side of the fence pays 100% of the repair.

Not sure how the levels go over a small height difference. I too have a property that has a fence with differing soil heights on either side, levels and fence were done by the developer.
Our side is about 300mm lower as well. Fence has a slight lean though has stood for 17 years like that. Will no doubt go over one of these days, like all good super six fences.

Can you prove the height changing on their side? Are there old soil marks on their side of the fence indicating the previous level? (usually stains the super six, provided that's what you have)
If the above can be done, I'd get a couple of quotes and try and get it in writing that the height difference is a contributing factor.

What you don't want to do is repair the fence and have it go over again at some point due to lack of retaining.

[Rajvosa]

Few pics before I had the vegetation cleared.

Not sure if of any relevance, but the paving and ground on their side is all crooked etc...not sure if it’s just the pics but also seems to be sunk near the worst spot...

https://s15.postimg.cc/4udvwd12j/17083_E4_F-_D480-458_A-_BEE2-5408_F67_C0_B4_A.jpg (https://postimg.cc/image/818ffzlif/)

https://s15.postimg.cc/p1rbokqt7/4019_A1_AE-_C57_C-40_E4-_A3_F1-58_C52_B20_B0_D4.jpg (https://postimg.cc/image/7bpn3jd87/)

https://s15.postimg.cc/44v3jzl3f/432_F1040-_DB76-4_CF0-_B9_A4-_C6384_B8_F4_A25.jpg (https://postimg.cc/image/p1rbonj47/)

https://s15.postimg.cc/rvuh23t0b/C4_F67_E41-6579-4945-_A203-_D9_B71_C87_B744.jpg (https://postimg.cc/image/4udvwctcn/)

https://s15.postimg.cc/fh7p1sgxn/FF1_CE470-8_EFB-4_C0_F-_B17_C-8_C3_EBAFBC380.jpg (https://postimg.cc/image/pra4116t3/)

print screen windows 7 (https://postimages.org/app)

[xr6tego]

I doubt the tree would of caused the paving to sink like that.
Looks more like a collapsed soak well?

Tell them a new colorbond fence will look great, then ask for half.

[adrenalin]

Old man had same issue. Neighbours tree cracked the fence. He ended up paying for it but and went to go halvies with neighbour who spun a big sob story only to go and buy a boat like a month later.

I would go in with expectation of wearing cost.

[dattoman]

Looks like asbestos too... oh joy

[Rajvosa]

Got one quote for 14 panels for $1800 ($130 per panel) inc disposal of asbestos.

Or colour Bond $2200 for 17 panels (also $130)

Anyone in antilag does fence work?

[TheChad]

I love neighbour things like this.

"your tree is pushing over the fence" - there's ferns touching the fence sure, but there's a giant fucking slump in the ground on their side of the property right next to the fence.

I recall my dad had the same problem, neighbour over the back fence came round to tell him our trees had pushed the fence over. Dad needs to buy a new fence. Go round and look and their block is almost a full metre lower without a proper retaining wall. I don't remember how it ended, but people are pretty salty when it comes to these things.

[S85FI]

Just push the fucking thing over. Say your in no rush to fix it unless you get half cash up front. Worked for me. A few later...$$$$


Had another property were got on well with neighbors. Built a parapet wall and they even went half for the rendering and brick wall that didn't include the part where my garage was.

Chalk and cheese experience.

[crabman]

That definitely looks like it's their fault that fence is failing with whatever is causing the ground to collapse....

I've just copped a double whammy of fence issues. Removed my garden shed that was tight in the corner for bigger shed to be built. The two corners of my side and rear neighbours to the diagonally rear don't line up by about 6 inches. Considering I have been told by planning I need to build the new shed hard up to my fence line, I hope it isn't my rear fence line out by 6 inches....

Other rear corner had the rear neighbours fence blow down entirely on the side with their neighbour. In doing so it broke 2 sheets of my fence but they didn't go all the way down. I figured their fence collapsing ruined mine so it would be covered under the job to replace. They just dug in the two sheets and used what looks like some reo mesh to support them lol.