Hi, I hope someone can assist with this!
I bought a property in late 2019. I had the boundary surveyed in May, 2020, at my expense, as my side neighbours kept driving on part of my land to access their back yard. There was no fencing between the two properties. They have refused to talk to me about a fence being put in, instead subjecting me to a lot of verbal abuse, and animosity. I hired temporary fencing in the second half of 2020, and added some shade cloth for my yard to be less of a fish bowl (these homes are high set). I pay for this fencing also.
One of the sons tampered with the fencing a few days ago, as he regularly brings in and out a 520 Renegade boat which either gets stuck in the narrow driveway and/or demolishes part of my fencing and the markers. In the email exchange that followed, the woman claimed angrily that the original owners gave them 'permission' to drive on my land. The sense of entitlement is almost paralysing. Now, the original owners of my 1/4 acre property were elderly. The elderly man died in 2011, and the lady in 2014. Photos on google show that there still existed in late 2014, two fence posts on the dividing line, one at the road end and another about 20 metres down. Some time in 2015, these people whacked a very large shed into their back yard, and an 'aggregate driveway', using the 2.4m space between their house and the legal boundary, and placing aggregate onto this land also. The two fence posts were removed, leaving no sign whatsoever of where the boundary actually was. The permission that was given predates the death of the elderly man In 2011. That puts the eldest son of these neighbours at age 14 or under and not driving. Since then all three boys are driving and have their own vehicles, and the 'second driveway' generates noise and pollution constantly. All their mates come over and cars hurtle in and out, sometimes at reckless and dangerous speeds. It constitutes an aggrevating nuisance. They have run over or crushed boundary markers repeatedly, and so on. Upon asking a few days ago, it was clarified that no council permission was sought in 2015 for the installation of the second driveway. The excuse appears to be that the original owners gave some sort of permission to 'drive on the land'.
At the time of the second driveway installation in 2015, my property was by then owned by the second owner (he bought the house after the old lady has passed away), and I subsequently purchased the property from him. He is ready to state that no permission was ever requested from or given by him either verbal or written for the second driveway to go in. He was a truck driver who was on the road a lot.
So this is my question: They are digging in their heals and obstinately believing they have a legal right to drive on my land or at least up to 50cm of it. Do they? Does verbal permission from deceased persons, given years ago under different circumstances, continue on 'in aeternum', leaving me no rights? I want to claim my land all the way to the legal boundary and to fence the dividing line with a proper fence. After two years of shocking harassment from them, verbal abuse, tampering with property, etc, I am not going to just yield my land to them. Clearly they have insufficient space at 2.4m to legally have installed a driveway, and certainly do not have the required additional 60cm turnout. There is no shire approval. This is a country town and there is no curb and channel on the crown land. The verge lawn goes straight out to the road, which enables them to side step the requirement for crossover approval. Before I hired the fencing, there were wheel ruts and the lawn was constantly being worn away.
If anyone can offer some advice, I would be very grateful! Thank you.
I bought a property in late 2019. I had the boundary surveyed in May, 2020, at my expense, as my side neighbours kept driving on part of my land to access their back yard. There was no fencing between the two properties. They have refused to talk to me about a fence being put in, instead subjecting me to a lot of verbal abuse, and animosity. I hired temporary fencing in the second half of 2020, and added some shade cloth for my yard to be less of a fish bowl (these homes are high set). I pay for this fencing also.
One of the sons tampered with the fencing a few days ago, as he regularly brings in and out a 520 Renegade boat which either gets stuck in the narrow driveway and/or demolishes part of my fencing and the markers. In the email exchange that followed, the woman claimed angrily that the original owners gave them 'permission' to drive on my land. The sense of entitlement is almost paralysing. Now, the original owners of my 1/4 acre property were elderly. The elderly man died in 2011, and the lady in 2014. Photos on google show that there still existed in late 2014, two fence posts on the dividing line, one at the road end and another about 20 metres down. Some time in 2015, these people whacked a very large shed into their back yard, and an 'aggregate driveway', using the 2.4m space between their house and the legal boundary, and placing aggregate onto this land also. The two fence posts were removed, leaving no sign whatsoever of where the boundary actually was. The permission that was given predates the death of the elderly man In 2011. That puts the eldest son of these neighbours at age 14 or under and not driving. Since then all three boys are driving and have their own vehicles, and the 'second driveway' generates noise and pollution constantly. All their mates come over and cars hurtle in and out, sometimes at reckless and dangerous speeds. It constitutes an aggrevating nuisance. They have run over or crushed boundary markers repeatedly, and so on. Upon asking a few days ago, it was clarified that no council permission was sought in 2015 for the installation of the second driveway. The excuse appears to be that the original owners gave some sort of permission to 'drive on the land'.
At the time of the second driveway installation in 2015, my property was by then owned by the second owner (he bought the house after the old lady has passed away), and I subsequently purchased the property from him. He is ready to state that no permission was ever requested from or given by him either verbal or written for the second driveway to go in. He was a truck driver who was on the road a lot.
So this is my question: They are digging in their heals and obstinately believing they have a legal right to drive on my land or at least up to 50cm of it. Do they? Does verbal permission from deceased persons, given years ago under different circumstances, continue on 'in aeternum', leaving me no rights? I want to claim my land all the way to the legal boundary and to fence the dividing line with a proper fence. After two years of shocking harassment from them, verbal abuse, tampering with property, etc, I am not going to just yield my land to them. Clearly they have insufficient space at 2.4m to legally have installed a driveway, and certainly do not have the required additional 60cm turnout. There is no shire approval. This is a country town and there is no curb and channel on the crown land. The verge lawn goes straight out to the road, which enables them to side step the requirement for crossover approval. Before I hired the fencing, there were wheel ruts and the lawn was constantly being worn away.
If anyone can offer some advice, I would be very grateful! Thank you.
