VIC Adverse possession and parking on a carriageway/ plus fence dispute.

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Parallel

Well-Known Member
3 February 2017
24
0
121
I enter my property through my neighbour's carriageway/driveway and have crossed over their land on a small corner for the past 20 years. The previous neighbour only visited his holiday house intermittently and he insisted I share 50% responsibility to maintain the driveway. I have parked on this carriageway for 20 years. The new neighbour moves in and deliberately fences off the small corner to prevent my adverse possession and threatens me that if I or my guests park on it, he will have me towed away. The other neighbour is still allowed to park, but not me. I am now blocked from entering my land by car on this corner. My parking is now reduced significantly. And if i rebuild my garage, I will have no parking until I remove some stairs to make way for a ramp. I have officially objected to the Notice to Fence for this fence and a a further boundary fence. I have remained polite but factual at all times. The wife states I don't need to worry about paying half as I cannot afford much on a small salary but the husband demands I pay 50% and states the wife is not the owner. He sends his lawyer (with his dog) to attempt to intimidate me whilst they build the fence. I ask for the name and mobile number of the lawyer and he provides an obviously false number. The written intimidation continues. He has refused Mediation. I understand I am legally responsible for 50% of a fence. He will enter my land and build the 'ugly' side out whilst I am at work. I tried my best to be a kind a generous neighbour allowing them full access to my land whilst they renovated, despite my grass being damaged because I received a small benefit as well. Do I go to court to assert my parking and access rights on the carriageway ?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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2,894
www.hutchinsonlegal.com.au
Give our property team a call to see what they can do to help you. They'll want to see the title and easement conditions.

See my signature.
 

Harry De Elle

Well-Known Member
11 February 2017
72
4
199
Continue to build documentary evidence pictures , videos and the like and contemporaneous notes....speak to your council and to the police. Make an application to your State tribunal to assist resolving the matter.....