Problems With neighbours

[nealeffendi]

You do have a problem. The verbal promise to help was made by the father of the properties owner. So both the father and son can walk on that.
I presume that there are regulations setting out how boundary fences are to be paid for; and a dispute resolution procedure. Has to be as fences are a common matter of dispute.
Don't terrorise the property or act like the neighbour from hell (drums, good old pasting etc), you risk them filming you and reporting you to the cops, and more importantly that sort of action invites retaliation (brick through window, poisoned pets, slashed tyres, someone banging on your door late at night when your wife is home and you are out, etc etc). All over a fence?
Have you proof that the fence was dilapidated? Maybe a happy slap where the fence can be seen in the background? Don't want the Ahole saying you pulled down a perfectly functional fence when your claim is heard.

[Goldseeker]

Nealeffendi:   A fence that was falling down, nails on the ground, rails non existing, some parts of the fence held together with wire and CHEWING GUM.

Pictures not needed, owner agreed as soon as I mentioned it to him that the was a need to replace the fence.

It was several weeks after he agreed to replace the fence with a colour bond that was closely matching the other two fences on his property and three that are on my property that I was notified that his father was his contractor and all questions re the fence was to be directed to him, his dad.

The owner has never denied that the fence did need replacing, it is father that is not paying up on his behalf.

I am sure that I am only required to speak to the owner of the property and not a agent but I can't find it where that is written.

All I need now after reading what I have to do to get to court, is a really cheap, inexpensive solicitor/lawyer who knows haw to complete the forms required for me to go further.   Hopefully will be going to local legal services for assistance after my trip to Narooma next week.

[Ozcoins]

Hi Goldie.
I think that however this is dealt with, the issue of cost of materials is pretty straight forward, and it should end up as each party pays half.
The part which I think may cause issues would be the "what I deem to be a fair labour cost of $50.00 per hour, his share is $25.00 per hour."  I would expect this would need to be justified, and (depending on how painful the other side is being) may be disputed, so you would need to be prepared to justify this rate.

I hope it get sorted out to your satisfaction.

Regards,
Ozcoins.

[nealeffendi]

Nealeffendi:   A fence that was falling down, nails on the ground, rails non existing, some parts of the fence held together with wire and CHEWING GUM.

Pictures not needed, owner agreed as soon as I mentioned it to him that the was a need to replace the fence.

It was several weeks after he agreed to replace the fence with a colour bond that was closely matching the other two fences on his property and three that are on my property that I was notified that his father was his contractor and all questions re the fence was to be directed to him, his dad.

The owner has never denied that the fence did need replacing,

You may think pictures are not needed, but now the old fence is gone where is the PROOF that the fence had to be replaced? Do you have any witnesses to the son agreeing that the fence needed to be replaced? The son and/or father may claim that the timber was still sound and just a few palings and a rail or two needed remounting. They might claim you were pushy and had a mind set on replacing the wooden fence to match your colourbond and they only agreed to let you change it without any agreement to them chipping in.
Did you take any photos of the dismantling of the old fence? (to post in the ACF home maintenance thread) Maybe the old fence is stacked somewhere (great BBQ fuel).
How were you notified that his father was his contractor,by email? (presumably you were given something specifying this with the fathers contact details enclosed- that create nexus to the father and evidence that the fence replacement was being discussed).
Turn it from a he said/she said case to a solid case and let the son know you will take legal action to recover for the fence and for legal costs. He might agree to settle for most of what you should have gotten.

[Unicorn]

100% with Neal on the photos. (See if you can find some somewhere).

Us being in NSW might be a bit different to VIC, but fought a similar one years ago (maybe 20 years?) when we lived in an urban area.

The old fence was 2 bits of wire on a few bent over star steels.

The pics we presented in court were the killer of the guy next door's argument.

Wishing you all the best Goldie.

[proof27]

You needed to both sign a contract, and he doesn't have to pay for colour bond, the minimum he might have to pay is paling fence.

[nealeffendi]

You needed to both sign a contract, and he doesn't have to pay for colour bond, the minimum he might have to pay is paling fence.

If the standard fence in the area is paling fence then the neighbour isn't obliged to pay the extra. But if the standard is colourbond then the neighbour has to pay.
Also there are means to extract the higher cost fence. If the old fence was hardwood paling and so were all the other fences in the area then a cheap CCA treated softwood fence isn't like for like. So if the neighbour tries to weasel out of paying for colourbond by using cheap quotes for a softwood fence you counter that softwood wasn't the old standard and the new standard is colourbond.

[Goldseeker]

As I have said prior, my neighbour is not trying to weasel out of paying for a new fence but of the labour costs that I hit him with due to him not turning up and pitching in.

Legal thingies start next week.

[Goldseeker]

Legal thingies have started.

I issued him with a Fencing Notice on the 18/11/14 and he has 30 days to respond.

If no response, its off to the magistrates Court.   Paperwork already to go.