WA Dividing fence

[Perth Wa]

Good Morning all,

The dividing fence between me and my neighbours property fell down in July during a strong wind weather warning. The fence was on a boundry wall that my neighbour states is his. Our properties are on different levels. I’m on the high side and he is on the low side

I immediately agreed to pay half and accepted two quotes presented to me by my neighbour for a fence with plinths however the neighbour decided he wasn’t happy with soil levels on my side of the wall and wanted me to remove trees.

It dragged on and dragged on. I removed some soil to try and come to a compromise. My wife was furious it was dragging on for so long as we have a young child who couldn’t use one side of our house. It was now November and I put my neighbour on 14 days notice that I was putting up a fence, the type of fence and the date. I stated I would pay for the fence myself.

The neighbour didn’t object however stated if I put a fence up he would seek damages in court over my soil damaging his wall.

The fence is now up and is on my side of the boundary line and complys with council requirements.

Two weeks later I received an engineers report with 5 options to erect a fence that will be structurally sound.

This report has a lot of false information. It stated the fence fell over due to leaning and does not mention that the boundary wall does not have planning permission or a permit. This has been confirmed by the local council. I believe it isn’t built to how it should be.

I have been told to just ignore the email. What should I do?

Also he has been emailing threatening to seek damages with his wa government employee email address .

Thank you in advance.

 

[jackaustin]

Good Morning all,

The dividing fence between me and my neighbours property fell down in July during a strong wind weather warning. The fence was on a boundry wall that my neighbour states is his. Our properties are on different levels. I’m on the high side and he is on the low side

I immediately agreed to pay half and accepted two quotes presented to me by my neighbour for a fence with plinths however the neighbour decided he wasn’t happy with soil levels on my side of the wall and wanted me to remove trees.

It dragged on and dragged on. I removed some soil to try and come to a compromise. My wife was furious it was dragging on for so long as we have a young child who couldn’t use one side of our house. It was now November and I put my neighbour on 14 days notice that I was putting up a fence, the type of fence and the date. I stated I would pay for the fence myself residential fence.

The neighbour didn’t object however stated if I put a fence up he would seek damages in court over my soil damaging his wall.

The fence is now up and is on my side of the boundary line and complys with council requirements.

Two weeks later I received an engineers report with 5 options to erect a fence that will be structurally sound.

This report has a lot of false information. It stated the fence fell over due to leaning and does not mention that the boundary wall does not have planning permission or a permit. This has been confirmed by the local council. I believe it isn’t built to how it should be.

I have been told to just ignore the email. What should I do?

Also he has been emailing threatening to seek damages with his wa government employee email address .

Thank you in advance.

Since your fence is on your side of the boundary and complies with council regulations, you’re in a strong position. Keep records of all communication and don’t engage in unnecessary disputes. If the engineer’s report contains false information, you can challenge it if needed, but you’re not obligated to act on it.

If your neighbor continues to threaten legal action, seek legal advice to confirm your rights. Also, if he’s using a government email for personal disputes, you may want to report it. Otherwise, ignore baseless threats and move on.