If a fence is damaged or destroyed by an accident or other sudden cause and requires immediate work, each neighbour can do the necessary work without notice, and then recover half of the cost of work from the other neighbour, unless one of them causes the damage and is responsible for the cost of repairs. Please note that I welcome your date fencing message…… Day of …………… 20 … A neighbour is not required to contribute to the costs of the work done before that period. Therefore, if you have a reasonable objection to the proposed work, it would be helpful to indicate this in your counter-note. If you want to offer an alternative to what your neighbour has proposed, you should do so, including the details of the work and its cost. Your neighbour will have 30 days to respond to your message. If the neighbour opposes all the proposals contained in the fencing communication, he has 21 days to make a “cross-communication”, explain their objection and make counter-proposals. You might think, for example, that the existing fence is sufficient or that the proposed fence is too expensive. Cross-communication must be the same or similar to that described in this chapter.
If you receive a Form 1, 2 or 3 and you do not object within 30 days, the law requires you to contribute to the proposal described in the form. This also applies if you have told your neighbour that you do not agree or if you think they are aware of it. Notification of a Form 3 or written objection is the only legal way to explain your disagreement. If the neighbour who receives a fencing decision does not obtain a cross-sectional communication within 21 days, it is considered that the proposals contained in the fencing communication agree. The other person can start work on the fence and recover the costs from the neighbor, as shown in the fence display. Community Corporations: For a Community Corporation (los los), the fences between the lots and at the external boundary of the lots are the responsibility of the respective owners. All other fences are the responsibility of the company. This means that the Fencing Act applies to all of the group`s closing work. Fences on Strata Divisions community names (1 lot above another) are treated as a strata titled group.
The company owns the fences between the units and the fences at the group`s external border. If you do not receive a response from the other owner after 30 days, it is considered that they agree with the proposed work and that, therefore, you can start the proposed work and claim your share of the costs.