{"id":86786,"date":"2023-10-20T13:31:18","date_gmt":"2023-10-20T13:31:18","guid":{"rendered":"https:\/\/celebritytidings.com\/?p=86786"},"modified":"2023-10-20T13:31:18","modified_gmt":"2023-10-20T13:31:18","slug":"neighbours-took-us-to-court-over-fence-thats-inches-inside-their-property-were-being-forced-to-sell-up-to-pay-fees-the-sun","status":"publish","type":"post","link":"https:\/\/celebritytidings.com\/world-news\/neighbours-took-us-to-court-over-fence-thats-inches-inside-their-property-were-being-forced-to-sell-up-to-pay-fees-the-sun\/","title":{"rendered":"Neighbours took us to court over fence that's inches inside their property – we're being forced to sell up to pay fees | The Sun"},"content":{"rendered":"

A COUPLE face having to sell their home to pay $163,000 worth of legal fees after neighbours took them to court over a fence.<\/strong><\/p>\n

Jay Hall and his wife Kirsty, built their home in\u00a0Sydney's northwest in 2018 and believed they were "on good terms" with their neighbours – before the fence fallout. <\/p>\n


\n<\/p>\n

The pair say their neighbours initially gave them permission to build the wall between their homes. <\/p>\n

The plans for the wall were also approved by Hills Shire Council and building work went ahead. <\/p>\n

But in 2020, the development application showed that the Hall's fence had breached their neighbours' property boundary by two inches.<\/p>\n

The neighbours, The Flyaks family, had a survey done which found that the wall needed to be completely within Jay and Kirsty's property and not encroaching onto their land. <\/p>\n

Jay explained to\u00a0A Current Affair: "The fence initially was constructed with a retaining wall attached to a metre high. <\/p>\n

"And that retaining wall essentially was on a verbal agreement with the neighbours, we were on good terms at that point."<\/p>\n

To the couple's shock, the council withdrew the final occupation certificate and ordered them to move their fence back. <\/p>\n

After the fence had been rebuilt and edged back onto the couple's property in 2021, the council confirmed that no additional work was necessary.\u00a0<\/p>\n

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Kirsty explained how she thought they were out of the woods and said: "I had this relief and thought, "OK, it's finally over and we don't have to ever worry about this again".<\/p>\n

But the story didn't end there as their neighbours ended up taking them to the\u00a0Land and Environment Court.<\/p>\n

The Flyaks were unsatisfied with the changes ordered by the council and thought the fence "wasn't constructed correctly".<\/p>\n

They also claimed that they had never given permission for the wall to be built in the first place and in May this year, the Hall family received a letter from their lawyer.<\/p>\n

The letter said a judgment had been handed down in their client's favour and that the Halls' fence had been built in breach of the Environmental Planning and Assessment Act.\u00a0<\/p>\n

The couple were ordered to remove the wall and fence and replace it with a "structurally sound" timber retaining wall and fence.<\/p>\n

They were also told to "install adequate draining measures".<\/p>\n

Not only will they now need to pay for the construction of a new fence, but the Halls also have to pay the cost of legal proceedings which amounted to $163,424.\u00a0<\/p>\n

Jay said: "It's a fence like $163,000 for a fence is ridiculous."<\/p>\n

"Council's at fault, 100 per cent. We're relying on them to be our certifier, we pay the fees."<\/p>\n

Kirsty added: "We essentially have to sell our house to pay for those court fees and that's really the devastating part because we built this house for ourselves." <\/p>\n

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The council said they had no reason to believe Mr Hall did not comply with the approved plans.<\/p>\n

They added that as they were communicating with one of the parties they could not comment further but had offered the Halls $10,000 to help them to rebuild the fence.<\/p>\n


\nSource: Read Full Article<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

A COUPLE face having to sell their home to pay $163,000 worth of legal fees after neighbours took them to court over a fence. Jay Hall and his wife Kirsty, built their home in\u00a0Sydney's northwest in 2018 and believed they were "on good terms" with their neighbours – before the fence fallout. 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