[Moorf]

Since I'm going through this scenario at the moment I thought I'd share it with you all.. a) to get it off my chest and b) so you can all learn the joy of fences ;)

The boundary fence with one of our neighbours is, for want of a better word, knackered. It's rotten and so are the palings etc, so it can't even be patched or repaired.

Next door is rented.

I called the managing agents and explained that the fence desperately needs repairing and that I believe both parties are to contribute 50%. She agrees and instructions her handyman to quote, and I too go ahead and get a couple of quotes - one for $3640 and one for $4100. (quote is for approx 40m of new fencing - removing and disposing of current fence, removal of a 30ft poplar tree and putting in new fence etc.)

I then have to ring her every other day for 4 weeks to chase her quote.

:roll

She then calls me to say the landlord hasn't been contactable (he lives in the USA) and wasn't returning her calls. I then told her that, as my hubby was a lawyer ( :D ) she could expect a Fencing Notice to be served on the property under the 1978 Fencing Act!

She called the next day and agreed the $3640 quote :laugh

If you share a fence with another property, and that fence requires repair and/or replacing, your neighbour must pay 50% of the costs. But don't start any work before a written agreement has been put in place, once you do work on it before an agreement, you can't claim it back.

Well, I hope that helps someone! In 2 weeks we'll have a brand new fence..

[Tara Sage]

That seems expensive for a fence but at least they have agreed to pay it, your garden will look great with i nice new fence.

[Moorf]

Yep, it is alot but we had lots of co.'s in to quote who just didn't want the job due to the tree - it's growing directly on the boundary and is the reason the fence has been destroyed (been left over a few years).

We checked around and we're looking at alot per metre (labour/materials/GST/clear boundary/remove tree/access/skips). Many places quoted c. $40 / metre until they actually viewed the site and the problems associated with it!

So, don't use our costs as a rule of thumb!

Plus it's approx 48m plus we're having 4 metre run on the front of house done too :D

[jubjub]

Interesting; we need chunks of our fence repaired too before we dare let dog out into back garden, and assumed it was similar to UK, ie we own one side and they own the other, trouble is BOTH sides are rented out, so not sure about how we sort that one!

But have to say its a lot more pricey than we had hoped! but like you say there is a tree involved as well, ours is just straight fencing.

[Moorf]

Jubjub - you need to get your managing agents talking. Some landlords will drag their feet as it's pure expenditure for them. However, mentioning the Fencing Act does seem to move them along ;)

Here's some info on shared fencing : http://www.ccc.govt.nz/publications/thinkfencing/shared.pdf

[Moorf]

Oh, and if you get in there and sort it yourselves with your agents, you could get them to build it so the flat side is on your side :D

[Hannah-NL]

Moorf, you don't need to have the tree removed that far, only into the log burner I suppose? ;)

[Simon & Emily]

Just a quick thought here - I'm sure many are aware, but some may not be, that some conifers (especially the wonderfull quick growing leylandi, not spelt correctly I know but you know the ones I mean :o ) give off toxic/narcotic fumes when burnt. Not recommended for burning indoors though.

Emily

[Moorf]

Moorf, you don't need to have the tree removed that far, only into the log burner I suppose?

That's right, the fencing guy asked us if we wanted the wood and we said yes :nice1 he's even going to cut it up for us. I offered the other house, across the fence, half of it, but they don't have a fire ... shame! :D Obviously it'll have to dry out for next year but every little helps!

[selchie]

Thanks for the fencing info. It's nice to know they actually have legislation for that.

Have you considered getting a separate quote for tree removal from someone in the tree biz? Just wondering if it would cost less to do so.

[StevieD]

Gosh that seems pricey for a fence, understand the tree business. Wonder what sort of price fencing panels are down there? Is is feasible to build your own fence at reasonable costs?

[Glenda]

Just a quick thought here - I'm sure many are aware, but some may not be, that some conifers (especially the wonderfull quick growing leylandi, not spelt correctly I know but you know the ones I mean :o ) give off toxic/narcotic fumes when burnt. Not recommended for burning indoors though.

Emily


Eeeeek!!! Are you sure???

There are a lot of old leylandi tree branches stacked up in our garden (a fire hazard really) and we have been out chopping them up for firewood/kindling. Seemed a better idea than paying out for wood. Dear, oh, dear we have an open fire too.

I think we have been OK ... well, I haven't noticed any narcotic effects (hee hee). Bit worried about the toxic bit. :o(

[selchie]

Synchronistically, this was in the comics today:
http://www.ucomics.com/nonsequitur/ . For future folk, look in the archives for August 15's strip.

So have they restricted the smoking of those trees? Glenda's getting a bit giddy here :p

[eric_amanda]

Funnily enough I recently picked up something from our council about tree disputes.

'According to the Property Law Ammendment Act 1975, property owners may be responsible for any nuisance or damage their tree cause to a neighbours, even if the trees were planted before they bought the property'

Good news for us, since our neighbours have some extremely large gum trees which are causing problems to our land...let alone the branches that fall that are a danger to us all. Gum trees are known in Australia as 'Widow Makers'. Just not sure how to go about convincing the neighbours they should cut them down????

Amanda

[selchie]

Just not sure how to go about convincing the neighbours they should cut them down????
You may want to start with a request for a trim. Mention that you're concerned about branches coming down in a storm and causing damage. Hint judiciously about repair costs and insurance premiums and other financial matters which could spur them to action.

Our neighbors have one, which is about 100 feet from our property line. After a big wind, I'll find seed pods, leaf bunches and strips of bark in the garden. Thankfully the branches don't fly as well.

Eucalyptus is notorious for being brittle, but with a good quality trim they can be much safer and quite lovely. Flammable as anything, though. Great for firewood, but beware of them in wildfire country.

[eric_amanda]

Thanks Selchie for your advice, however the same information sheet I got from the council also states that if a tree on a neighbours property falls down and does damage to our property then it is our insurance company and us who are liable:eek: :wah
I guess it is therefore our responsibility as responsible owners to ensure that we have done everything in our power to have our neighbours make these trees safe. They are directly next to the boundary fence, cutout the morning sunlight etc etc....

According to this information sheet we can apply to the 'District Court Judge for an order forcing our neighbours to cut the trees back. For such an application to succeed we would need to show that the trees "injuriously affect" our land'

An interesting but complicated matter, since we do not know or have never met these neighbours as their house is beyond the trees out of sight, but we do not want them to become enemies! Whangarei is a small town!
:cheers
Amanda

[selchie]

Thanks Selchie for your advice, however the same information sheet I got from the council also states that if a tree on a neighbours property falls down and does damage to our property then it is our insurance company and us who are liable:eek: :wah
Strange. Perhaps this backwards reasoning has something to do with the southern hemisphere? :confused:

[Moorf]

We're not having panels (don't ask why :uhoh ) it's being built from scratch including new posts etc as everything is rotten - cost of clearing boundary, skip hire / removal / emptying etc/ tree removal is approx $1k of that cost.

Ultimately, the cost to us is just $1800 so we're happy with that :nice1 and we also get nice new fence to front of property as well :D