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Business
Claudienne Edwards | Writer  
November 6, 2010

Neigbours not obligated to share cost of constucting fence

Tell Claudienne

Dear Claudienne

I am seeking for your advice about the erection of walls which are shared by three neighbours. These neighbours are living overseas, as I am. I have not been able to contact any of them personally but earlier this year made arrangements through a third party to give them their statement of the cost of the work that was done. The cost of putting up the wall was not discussed with them prior to its erection seeing that they are overseas.

To date I have not heard from them in this regard. I am therefore wondering what would be the next step.

Are they obligated to pay their share of the expenses of erecting the wall?

EW

Dear EW

An attorney whom we consulted is of the opinion that nothing in law can compel neighbours to share the cost of putting up the wall since you did not get their consent prior to erecting the wall.

The lawyer said that only an order of the court could compel your neghbours to share the cost.

The cost of the materials used to erect the wall could be an issue as your neighbours may believe that a cheaper fence could have been constructed, the lawyer argued.

However, if there was a covenant requiring a boundary wall, it could be argued through an order of the court that you have assisted your neighbours in meeting this requirement, the lawyer explained to Tell Claudienne.

However, the cost could still be an issue, she said.

Good luck.

Dear Claudienne

I live in Trelawny. In December 2009 the Jamaica Public Service (JPS) did investigations that showed that my meter was not registering. They said that for the period December 2009 to May 2010 I was undercharged as the meter readings showed that my killowatt hours usage was very low. They said that after the meter was repaired my account was adjusted to reflect the true charges in my usage.

My bill for July-August said that I had $18,800 brought forward. The JPS said that the figure is the adjustment, but how could the amount I am owing be so much when I pay my bill every month?

Please have the JPS clarify this matter for me.

DS

Dear DS

Tell Claudienne contacted the JPS and they arranged for you to meet with the Regional Manager on Friday October 29. We note that the regional manager advised you that the meter was not registering properly because it had a single-phase problem. This meant that the meter was not able to record the total amount of electricity you used because no current was passing through one of the two JPS lines connected to the meter. Nonetheless you were still getting and using the electricity, the JPS said.

We note that you have made an agreement with the Regional Manager to pay the sum owing over five months.

Good luck.

Have a problem with a store, utility, a company? Telephone 936-9436 or write to: Tell Claudienne c/o Sunday Finance, Jamaica Observer, 40-42 1/2 Beechwood Avenue, Kingston 5; or e-mail: edwardsc@jamaicaobserver.com. Please include a contact phone number.

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