Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 26 May 2018.
Jane and Toby purchase a new house but unfortunately, one of the fences on the boundary is rotting-away and is in a dilapidated state.
Jane and Toby approach their neighbour, Fred, to discuss building a new fence. Fred is not willing to contribute to the cost of fencing. He also says that if a fence is necessary at all, it should be a post-and-wire fence and not a colorbond fence as proposed by Jane and Toby.
Jane and Toby ask their solicitor for advice. They are informed that if they cannot reach agreement with Fred in relation to the type of fence, they would need to apply to the Local Court or the NSW Civil & Administrative Tribunal for an order.
Jane and Toby also tell their solicitor that they believe the current fence is not on the boundary. They are advised to obtain a survey to clarify this issue.
The solicitor also advises them that they can attempt a mediation at the Community Justice Centre, with a view to avoiding the costs involved in litigation. This is a process that normally does not involve solicitors.
Jane and Toby serve a formal notice on Frank regarding the construction of a fence. The formal notice will allow Jane and Toby to apply for a court order after the expiry of one month.
A mediation is conducted and Fred ultimately agrees to the construction of a colorbond fence and the removal of vegetation along the fence-line.
Both parties obtain quotes and they decide to proceed with Fred’s quote, which is significantly cheaper.
If you would like Manny to address a particular legal issue, send your request to manny.wood@ticliblaxland.com.au or call him on (02) 6648 7487.
