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发表于 2016-7-2 13:34
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What if my neighbour responds to my fencing notice and does not agree to the works?
If the owner next door does not agree to the proposal in your fencing notice, you cannot proceed. You must negotiate an agreement or wait until the 30 days expires and then initiate an action in the Magistrates’ Court of Victoria. The Magistrates’ Court has the power to determine whether works are needed or not and, if so, what sort of fence should be built, the time within which the works should be carried out, how much each neighbour should contribute, and other matters. You can still negotiate or mediate at any point after the 30 days has expired. The Dispute Settlement Centre of Victoria may be able to assist with mediation.
Enforcement of agreements outside of the Fences Act — for example, if you did not give a fencing notice and reached a verbal agreement with your neighbour — would be subject to contract law and is not dealt with by the Fences Act.
To avoid the cost and stress of going to court, the Victorian Government has a free dispute resolution service called the Dispute Settlement Centre of Victoria. The centre offers neighbours who are in dispute an opportunity to meet together in mediation and, with the assistance of mediators, reach an agreement that works for everyone. The service is free, informal and confidential.
You can contact the Dispute Settlement Centre of Victoria for advice on 1300 372 888 or by visiting their website (External link) |
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