(NSW) Neighbor Wants to Replace Fence, but We Can’t Afford It—What Are Our Options?
I’ve got a situation with my neighbor who is keen on replacing the old timber fence. While I understand his point—it’s definitely in rough shape—the truth is, we just can’t afford it right now.
He initially proposed to pay for the new fence upfront, with us making a deposit and then paying him back in installments. That seemed straightforward until he changed his mind after I went over to get his bank details, telling me to work it out with the fencer instead.
I spoke with the fencer, and while he appreciated my honesty, he said that he couldn’t take on the arrangements we had discussed. He agreed to reach out to my neighbor to clarify the situation.
Now, I’m left wondering what happens next. Am I obligated to pay for a fence that we can’t afford, especially since I recently had a loan application denied?
To make matters worse, my neighbor is planning to start tearing down the fence next weekend. He even has people lined up for the job! We also have a young autistic child and a dog to consider in this situation.
It seems a bit unfair, especially since my neighbor bought his place for $80k and was able to retire in his 50s. How do I navigate this? Any advice would be appreciated.
It sounds like a really difficult situation, especially considering your financial constraints and the fact that you have a young child and a dog to think about.
Firstly, it’s important to know your rights regarding boundary fences in New South Wales. Under the Dividing Fences Act 1991, both property owners are typically responsible for contributing to the cost of a dividing fence, but only if you both agree to the work being done. If you can’t afford it, you definitely shouldn’t be forced into paying for a new fence.
Here are some steps you might consider:
Communicate Clearly: Have another conversation with your neighbor. Explain your financial situation again and express your concerns about your child and dog if the old fence is taken down. It might help him understand that the fence’s removal could pose a risk.
Seek Mediation: If discussions don’t resolve the issue, you can consider mediation through a local community justice centre. They can provide a neutral space for both of you to discuss your concerns and reach an agreement.
Document Everything: Keep a record of all communications with your neighbor and the fencer. This will be useful if the situation escalates.
Consider Temporary Solutions: If the neighbor insists on removing the fence, perhaps suggest a temporary solution that can provide some security for your child and dog, like reinforcing the existing fence until you can afford the replacement.
Legal Advice: If all else fails and your neighbor goes ahead with tearing down the fence, you may want to seek legal advice to understand your rights.
Overall, while it’s unfortunate that your neighbor seems inflexible, focusing on communication and looking for compromise is key. Good luck!