VIC Property damage from a neighbour

[Ebony Bellchmabers]

Hi guys, im wondering if some could give me some advice on our situation.
We live on a 3acr property where a court backs on to the corner of our paddock with a dead end of the court touching our paddock we have on neighbour what shares a fence line with us and the neighbour on the other side of the court shares just 1 corner post with us. The neighbour that shares the corner post with us has been nothing but trouble since the day he moved in he has been pooring his left over concrete into our paddock and tresspassing on our property and threating us since then we have got an intevention order on him but and built a big fence so he cant see over it but since then he has decided to nail all sorts of things on our fence big heavy sheets of iron and wooden statues. Since the property witch the fence buts on to is actually council land we had to pay the full amount for the fence our selfs so he dosent own any part of it except for the corner post witch touches his border line. Its really starting to bother use becuase after paying $3000 to have this fence built because of him he is now using it as he owns it im constantly hearing lound banging and seeing the fence shaking all he has damaged the wooden rails and cracked the boards to nail his things on it since he didnt pay for it and its not to his properly becuase its councel land what can we do about it.

 

[Tripe]

1 councils are normally exempt from the dividing fences act and have no duty to erect or upkeep boundary fences with private land owners.

2. Let’s reverse things, if the fence In question was Your front boundary fence, that fronted a public street, would you put up with someone nailing things to it?

Of course not

3 You own 100% of the rear fence and can stop anyone putting things on it.

Your neighbour does not own fence and needs your permission to place something on it

4. It’s illegal, to damage other people’s property, call the police and make a formal complaint, if they continue to damage it.

 

[Rod]

And take photos of the damage he is causing. Diarise events now while you remember in case they are important for a court to consider.

Then send him a registered letter detailing your concerns and what you want to happen. If not satisfied with his response (or lack of) you may need to take him to court.

 

[Eve Adams]

I have had issues with my neighbour about attaching heavy load bearing construction to our boundary fence. Weather you have paid for fence all yourself or have gone half/half, no one is allowed to attach anything to the fence without asking permission of the other owner first. He actually took us to court on another pathetic matter and I then said to the judge I wish him to remove all the construction he has attached to our fence without permission, which is now damaging the fence and I won. They have to remove their construction. This is the law and judge's order in civil court was granted and furthermore, after all of the reading I have done about fence laws, your neighbour is not allowed to even paint his side of a boundary fence or hang heavy pot plants without your permission. Hope my experience helps and you may have to take him to civil court. Will only cost you lodgement fee, which is approx $145 depending on which State you are in and usually gets sorted out in a court hearing in front of a judge. It's well worth it, if it saves your fence from being damaged. If an agreement can't be made in a hearing, then it goes to trial which no-one usually wants to escalate to that stage and a good judge usually gets an outcome in a hearing.

 

[Tripe]

I’m, Glad you took the effort to call your neighbor out.

It’s amazing how two neighbors have 50% interest in a boundary fence, but then you get the knuckle head who thinks they own 100% of the fence and can do anything they want!