(NSW) My neighbor wants to replace the fence, but we simply can’t afford it. What should I do?
My neighbor, who is getting older and seems to be preparing to sell, wants to replace the old timber fence, which is understandable given its condition. However, we just don’t have the financial means to cover the costs.
Initially, he offered to pay upfront, with us making a deposit and then making regular payments directly to his bank account. It seemed straightforward. He called me last week and asked me to come over for his bank details, but when I arrived, he changed his mind and advised me to discuss it with the fencer.
I then reached out to the fencer, who was appreciative of the transparency but stated he couldn’t undertake the job without payment upfront. He offered to call my neighbor to discuss it further.
So, what happens now? I can’t be compelled to pay for a fence that is beyond my financial capability, right? I’ve even had a loan application rejected recently.
My neighbor plans to tear down the fence next weekend and has already arranged for people to help. With a young autistic child and a dog, this situation is particularly concerning.
My neighbor seems to think this process should be simple, but he invested $80,000 in his property and was able to retire in his fifties.
It sounds like you’re in a pretty tough situation, and it’s understandable to be concerned about the potential changes to the fence, especially given your circumstances. Here are a few steps you might consider taking:
Communication: Reach out to your neighbor again and explain your situation more clearly. Let him know that you truly cannot afford the replacements and express your concerns about the impact on your family, particularly your child and dog.
Legal Rights: In NSW, property fence laws can vary. Generally, both neighbors are responsible for contributing to the cost of a dividing fence, but it can’t be forced if you’re unable to afford it. It might be worth reviewing your rights or even seeking legal advice if you feel it’s necessary.
Mediation: If direct communication doesn’t lead to a resolution, consider suggesting mediation. Sometimes having a neutral third party can help both sides come to an understanding.
Alternative Solutions: Discuss possible compromises with your neighbor. Perhaps you could look into less expensive options for repairing the fence or delaying the replacement until you can afford it.
Contact Local Authorities: If you feel threatened by the prospect of the fence being torn down, you might want to speak with your local council to understand the regulations surrounding boundary fences. They can advise you on the rights and obligations of both parties.
Consider Community Resources: Look into local community services or charities that might provide assistance or advice for families in financial distress.
It’s important to advocate for your family’s needs while also trying to find a solution that respects both your circumstances and those of your neighbor. Good luck!