I own a rental property in Perth but am currently overseas. A 32m length of a 30+yr old Super6/Hardie dividing fence was storm damaged and my neighbour offered to obtain quotes. He claimed he was only able to get one quote. I accepted the quote for the new colorbond fence, which was reasonable. The quote included a one page standard fencing contract specifying it would be constructed where the existing fence line is and that any new position needed to be authorised by both parties. 50% of the Quote was paid upfront. When the damaged fence was removed and the new fence was constructed, a 17m rear section of the replacement fence was erected on the boundary and where the previous fence was and is fine.
The remaining 15m of new fence steps over to encroach 190mm on to my patio (bisecting my corner patio pillar), with a gap between the two fence sections. The last panel at the other end of this encroaching 15m section is angled back to the old fence position so it can abut the neighbours garage brick wall built on the Lot boundary. It looks ridiculous and it’s made my side path absurdly narrow (previously 950mm; now 775mm). There’s no question about where the property boundary is for this entire 15m length because I have a retaining wall built to the Lot boundary running the entire length and the old fence sat on its edge.
I did not consent to the new fence position and had no prior knowledge that this would occur. I have sent a letter of demand to the fencing contractor requesting he relocate the encroaching section and make good all property damage and I have refused final payment until this is done. He says I need to get a survey performed at my own expense. He also claims that the neighbour told him that I had given my permission for the encroachment. My neighbour has also sent me an unsolicited email stating that I haven't lost any property.
My questions are:
Do I need to get a new survey done to verify what has already been established by previous surveys (surveys done for building permits for my retaining wall and my neighbour’s garage).
Can I just pay to remove the encroaching 15m free standing fence portion and erect my own new fence back on the boundary. This may be the cheapest option.
Do I have to pay the fencing contractor the balance 50% for what is essentially an illegal build on my property? Isn’t this a serious breach of encroachment rules/regulations as defined under Part 6, Division 2, Section 76 of the Building Act 2011 for which he can be fined?
The remaining 15m of new fence steps over to encroach 190mm on to my patio (bisecting my corner patio pillar), with a gap between the two fence sections. The last panel at the other end of this encroaching 15m section is angled back to the old fence position so it can abut the neighbours garage brick wall built on the Lot boundary. It looks ridiculous and it’s made my side path absurdly narrow (previously 950mm; now 775mm). There’s no question about where the property boundary is for this entire 15m length because I have a retaining wall built to the Lot boundary running the entire length and the old fence sat on its edge.
I did not consent to the new fence position and had no prior knowledge that this would occur. I have sent a letter of demand to the fencing contractor requesting he relocate the encroaching section and make good all property damage and I have refused final payment until this is done. He says I need to get a survey performed at my own expense. He also claims that the neighbour told him that I had given my permission for the encroachment. My neighbour has also sent me an unsolicited email stating that I haven't lost any property.
My questions are:
Do I need to get a new survey done to verify what has already been established by previous surveys (surveys done for building permits for my retaining wall and my neighbour’s garage).
Can I just pay to remove the encroaching 15m free standing fence portion and erect my own new fence back on the boundary. This may be the cheapest option.
Do I have to pay the fencing contractor the balance 50% for what is essentially an illegal build on my property? Isn’t this a serious breach of encroachment rules/regulations as defined under Part 6, Division 2, Section 76 of the Building Act 2011 for which he can be fined?
