My neighbours fence is ten years old. Do I have to pay for half the value of the fence when is was constructed or what it is worth now?
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The requirement is for payment of half the value of the fence as at the date of claim. The person making the claim has to estimate the value. If your neighbour erected a fence of a higher standard than a sufficient fence, as defined by your local government, unless you agreed to pay the higher cost, you would only have to pay half the cost of a sufficient fence. If for example, a metal fence was erected and the sufficient fence, as defined by your local government, is a fibrous cement one, the obligation is for payment of half the cost of the lesser standard fence, being the fibrous cement one. The additional cost for the higher standard fence would be borne by the adjoining owner that requires it.