Hi Everyone
Hoping for a some advice here - I have been very stressed with a neighbour dispute running close to 1 year now.
The summary is we both purchased vacant land in a new estate and I completed my build first. My home is a rental and only right around the time I leased the home out (July 2021) did they commence construction of theirs. Before they begun, we tried to agree on fencing arrangements and they informed me they intended to build their garage on the boundary (zero lot), I had no issues with this obviously, however it was in my best interest to erect the fence on our boundary ASAP for safety reasons and also to lease the home (I mean, no one would want to rent a place that isn't fenced!), so I couldn't wait for them to complete construction to erect the fence. They even suggested for me to just put up temporary fencing until they finish which I thought was ridiculous. I sent them quotations for fencing and they gave no response, even when I said I will pay for the portion of fence which they would eventually be removing, all I wanted was we split in half the portion that would actually remain permanent. We got nowhere and I went ahead and constructed the fence and side gate before they commenced construction fully at my own expense and did not seek reimbursement as I didn't feel it was worth arguing over.
When they started, their builder proceeded to take down about half the length of fencing without consulting me as the fence was in the way of where they were building the garage wall. I expected this; however as the side gate is also on that side they took it down as well. The builders dismantled my side gate and temporarily re-fixed it further to the rear of the house (attached pictures). Again, they didn't ask my permission to remove the fence or side gate and provided me or my renters practically no notice - they knocked on the door early one morning and said they were going to take it down the very next day, no questions asked.
I have argued as the gate was there and functional way before they even commenced construction they are responsible to reinstate it when they finish construction, they refused and pushed responsibility to the client (the neighbour) for me to resolve ourselves. Emails to the neighbour on this have been ignored and I have received no resolution on this to date.
See couple photos attached for context:
- first photo shows state before construction commenced, notice my side gate perpendicular to the fence at the front of the house.
- second photo shows state after their construction where they've removed half the length of the fence with their garage built over it, and my side gate shifted back halfway down the house. The gate is just affixed via nails and can't be swung open. There is also a gap, the fence does not meet the end of their garage, because they claim that the fence is encroaching into their land to begin with.
Any advice really appreciated as this has caused me much stress, I do not feel it is unreasonable for me to ask they reinstate my side gate at their own cost given that it was already existing at the time they started. The length of fence they took down isn't of any concern to me, it's the side gate I want them to fix up.
Hoping for a some advice here - I have been very stressed with a neighbour dispute running close to 1 year now.
The summary is we both purchased vacant land in a new estate and I completed my build first. My home is a rental and only right around the time I leased the home out (July 2021) did they commence construction of theirs. Before they begun, we tried to agree on fencing arrangements and they informed me they intended to build their garage on the boundary (zero lot), I had no issues with this obviously, however it was in my best interest to erect the fence on our boundary ASAP for safety reasons and also to lease the home (I mean, no one would want to rent a place that isn't fenced!), so I couldn't wait for them to complete construction to erect the fence. They even suggested for me to just put up temporary fencing until they finish which I thought was ridiculous. I sent them quotations for fencing and they gave no response, even when I said I will pay for the portion of fence which they would eventually be removing, all I wanted was we split in half the portion that would actually remain permanent. We got nowhere and I went ahead and constructed the fence and side gate before they commenced construction fully at my own expense and did not seek reimbursement as I didn't feel it was worth arguing over.
When they started, their builder proceeded to take down about half the length of fencing without consulting me as the fence was in the way of where they were building the garage wall. I expected this; however as the side gate is also on that side they took it down as well. The builders dismantled my side gate and temporarily re-fixed it further to the rear of the house (attached pictures). Again, they didn't ask my permission to remove the fence or side gate and provided me or my renters practically no notice - they knocked on the door early one morning and said they were going to take it down the very next day, no questions asked.
I have argued as the gate was there and functional way before they even commenced construction they are responsible to reinstate it when they finish construction, they refused and pushed responsibility to the client (the neighbour) for me to resolve ourselves. Emails to the neighbour on this have been ignored and I have received no resolution on this to date.
See couple photos attached for context:
- first photo shows state before construction commenced, notice my side gate perpendicular to the fence at the front of the house.
- second photo shows state after their construction where they've removed half the length of the fence with their garage built over it, and my side gate shifted back halfway down the house. The gate is just affixed via nails and can't be swung open. There is also a gap, the fence does not meet the end of their garage, because they claim that the fence is encroaching into their land to begin with.
Any advice really appreciated as this has caused me much stress, I do not feel it is unreasonable for me to ask they reinstate my side gate at their own cost given that it was already existing at the time they started. The length of fence they took down isn't of any concern to me, it's the side gate I want them to fix up.
