Not seeking any forms of assistance in a prolonged and dragged out dispute is like living with a debilitating illness and refusing to seek medical treatment. We successfully helped one of our clients resolve a fencing dispute with their neighbour that had arisen back in 2007.

Background Facts
It all started from a simple partial collapse of a dividing fence between two adjoining lands caused by a storm. The neighbours attempted to correspond reasonably with each other with hopes to have the existing wooden fence to be replaced with a new and upgraded colour-bond fence. Our client obtained quotations and provided it to their neighbours but they were unresponsive.

Our client and their neighbour attended mediation in 2007 but it wasn’t until in 2008 when a fencing application was heard in the local court and orders were made as to the specification of the fence, the time frame for the fence to be completed and the financial commitment of each party.

Even after the court has provided their orders, our client and their neighbour were still unable to come to an agreement to perform such orders. In the end, our client decided to be the more responsible neighbour and arranged a contractor to build the colour-bond fence as to the specification of the court order and paid for the entirety of the cost in 2008.

Our client had tried to negotiate with their neighbour for the cost to be split in accordance with the court order but to no avail.

In 2015 an application was made to the local court and our client successfully recuperated their share of the costs as determined in the court order back in 2008.

There’s more…
In 2017 our client’s neighbour lodged a dividing fence application against our client claiming that they had been experiencing cracks on the wall and floor near the fence line. The neighbour was claiming $9,500.00 in damages.

Result… again
Our firm attended the tribunal hearing listed in 2018 and made submissions on our client’s behalf which caused the neighbour’s application dismissed.

If you are in the middle of a dispute or are unsure how to proceed, contact us and one of our experienced lawyers will be able to assist you to resolve your legal problem without having you to wait 10 years.

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Disclaimer: The information above is intended to be general information only and it should not be relied upon it as legal advice. If you seek professional advice please feel free to contact the team at Lincoln Legal or make an enquiry.