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维州相关规定：
Fencing between houses
If you are a property owner, you and your neighbour have equal responsibility for the dividing fence between your properties.
If the fence needs to be repaired or replaced there are rules about:
who pays
the type of fence to be built
the notices that you need to give one another
how to resolve disputes.
Discuss the work that needs to be done with your neighbour first. If you can make decisions together and agree to share any expenses, get this agreement in writing.
Legally you are required to contribute to a fence that is sufficient for the purpose it is needed. If your neighbour wants a more expensive fence, they will usually have to pay the difference in cost between a sufficient dividing fence and the higher standard.
For more information about your responsibilities see the Dispute Settlement of Victoria’s website.
What you can do if you can't agree
If you and your neighbour can’t agree, you can contact the Dispute Settlement Centre of Victoria for advice and a range of free and confidential dispute resolution services.
You can also serve your neighbour a Fencing notice. This is a legal document in writing asking them to share the cost to repair or replace a fence.
If you still can’t agree after 30 days from the date you served your neighbour with a Fencing notice, you can go the Magistrates' Court so a magistrate can make a decision. You need to complete the court’s Complaint (fencing dispute) Form 5A. Get legal advice before you decide to take the matter to court.
If you rent the property
In most cases the owners of the properties are responsible for repairing or replacing a fence. A renter may have to contribute in commercial situations where they have a lease that has five years or more before it expires.
The rental provider may ask the renter to pay for damage to a fence if they caused the damage.
Overhanging branches
Property owners are responsible for branches that overhang a neighbour’s fence or roots that grow onto neighbouring property. If these cause damage or affect the neighbour’s enjoyment of their property, the neighbour can take the property owner to court. If branches from your neighbour’s trees hang over your side of the fence, you can cut off the overhanging branches and place them on the neighbour's side of the fence. Discuss this with your neighbour first – they may be happy to do it themselves. If this is not practical, you can ask the neighbour to get a professional to lop the branches for you.
The same rules apply for tree roots, which can cause damage to plumbing and foundations. Expert opinions from plumbers or engineers are often needed to resolve disputes about what is causing the damage. Once you know what is causing it, and if it is something coming from the neighbour's land, a simple discussion may resolve things.
See our publication, Neighbours, the law and youfor more information on tree laws. |
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征文，危机中的我们 (2008-11-3) cigmm 
楼主:cjl0322
发表于 2022-4-20 15:28
