NSW Definition of malicious damage related to land/property

[Newbie]

There is a partial retaining wall on my side of a boundary line, it extends half the length of the property. The developer of the estate is responsible for the fence install and we gave direction for the remaining length of the property without the retaining wall for the fence to be installed on ground level. There was a slope between us snd neighbours but fine for the fence to be installed on it.

The neighbours without our knowledge or consent excavated the land on the boundary line and inline with the existing retaining wall meaning they have excavated our land and forced the need for an extension at a cost of $5K plus. They knew it sat on our land and did it anyway. They are not approachable or reasonable and will not cover costs willingly.

Is what they have done considered malicious damage to our property?

 

[Scruff]

I'm not a lawyer so I can't answer your question. But, knowing that malicious damage is a criminal offence, it might help the experts here if you clarify if you are asking about "malicious damage" in a criminal law sense, or if you are asking if there is a way to take civil action on those grounds.

 

[Newbie]

Thanks. I’m really asking for any help to resolve my issue. Is it best to go down a criminal path or a civil path? Which is more likely to get a resolution.

The neighbours knew they retained on our land, intend to install the fence at ground level and force us to retain our land. Is it considered malicious damage and therefore a criminal approach?
Or would they say it doesn’t fall into that space and my only option is civil action?

Unfortunately I can’t find anything black and white to help me.