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We live in a small block. The flimsy lattice courtyard fence which adjoins another owner’s courtyard is falling down and needs to be totally replaced. The adjoining owner, who rents out the unit, and who has not even been to the building for 15 years +(!) has agreed to paying half the cost but only wants the cheapest possible wooden fence whereas we would like to put up a brick fence for more privacy and paint it in the same colour as the existing brick work.
1. Do we need to get permission from the adjoining owner to erect a better quality fence?
2. If we erect the new fence on our side of the boundary line can the other owner object? The other owner is not on the EC and no members of the EC have any objection as it would actually improve the look of the building and provide more privacy.
3. If the adjoining owner pays half for a cheap wooden fence can we then use that money to go towards the brick fence – the rest being at our cost.
4. What legal right does the other owner have to dictate what sort of fence we have on our property so long as it is in keeping with the rest of the building and is safe etc?
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