Boundary Fences....taking them down without a mutual agreement...
Jan 7th 2011, 10:30 am
#16
Former Resident Visa
Joined: Nov 2005
Location: Mornington Peninsula
Posts: 2,887
Re: Boundary Fences....taking them down without a mutual agreement...
So he took half the fence down over a week ago, the builder didn't turn up when the neighbour said he was coming...no other activity... he hasn't even taken the old fence to the tip, its still in his trailer on his drive!!!
Then today.... we get a letter in our mailbox, telling us we caused a 'private nuisance' because some of our soil and stones and water are on his driveway, due to a storm, two nights ago...which apparently was caused by our joint retaining wall, which is apparently now 'our' retaining wall which he is requesting we fix at our cost!!
The only reason soil and stones have gone on his drive is because he has taken down that part of the friggin fencing....without our permission....unbelievable!!!
Then today.... we get a letter in our mailbox, telling us we caused a 'private nuisance' because some of our soil and stones and water are on his driveway, due to a storm, two nights ago...which apparently was caused by our joint retaining wall, which is apparently now 'our' retaining wall which he is requesting we fix at our cost!!
The only reason soil and stones have gone on his drive is because he has taken down that part of the friggin fencing....without our permission....unbelievable!!!
Is the letter from the council or is it just a letter from him? God he's a nasty piece of work. Mr Shiels must be a very patient man because i think my husband would have strangled him (and more) by now!!!
Hope this all works out for you x x x
J x
Jan 7th 2011, 10:33 am
#17
I'm now an Aussie too!!!
Thread Starter
Joined: May 2006
Location: 'Home by the Sea' Elanora
Posts: 5,030
Re: Boundary Fences....taking them down without a mutual agreement...
And believe me Mr S and Master S are keen to help him see sense but really I reckon thats just what he wants...so he aint gonna get it!! Karma...
Jan 7th 2011, 10:38 am
#18
Former Resident Visa
Joined: Nov 2005
Location: Mornington Peninsula
Posts: 2,887
Re: Boundary Fences....taking them down without a mutual agreement...
He will probably send a tresspassing letter if you go on his land...
Its not like everyone has enough to deal with in everyday life - think he needs to get a life!!
Jan 7th 2011, 10:40 am
#19
I'm now an Aussie too!!!
Thread Starter
Joined: May 2006
Location: 'Home by the Sea' Elanora
Posts: 5,030
Re: Boundary Fences....taking them down without a mutual agreement...
He took the fence down not us!! Argh!!!!!!!!!
Jan 10th 2011, 6:34 am
#20
Demi-God
Joined: Oct 2008
Location: Far North Queensland
Posts: 2,812
Re: Boundary Fences....taking them down without a mutual agreement...
Unfortunately you didn't stop him, which may now mean that the removal of the fence was done with your agreement, and you are both responsible for it.
If you had got the police round when he was actually removing it you would have had evidence of your objection to his actions and a police record of his activity. And the police would probably have stopped him doing it. Now you have to try and convince someone that you didn't want him to take down the fence.
Technically, in Queensland anyway, he needs written permission from you to remove the fence, or a court ruling if he can't get it. Problem now is, if you want your fence back, you'll probably have to go to court.
If you had got the police round when he was actually removing it you would have had evidence of your objection to his actions and a police record of his activity. And the police would probably have stopped him doing it. Now you have to try and convince someone that you didn't want him to take down the fence.
Technically, in Queensland anyway, he needs written permission from you to remove the fence, or a court ruling if he can't get it. Problem now is, if you want your fence back, you'll probably have to go to court.
Jan 10th 2011, 10:02 am
#21
I'm now an Aussie too!!!
Thread Starter
Joined: May 2006
Location: 'Home by the Sea' Elanora
Posts: 5,030
Re: Boundary Fences....taking them down without a mutual agreement...
Unfortunately you didn't stop him, which may now mean that the removal of the fence was done with your agreement, and you are both responsible for it.
If you had got the police round when he was actually removing it you would have had evidence of your objection to his actions and a police record of his activity. And the police would probably have stopped him doing it. Now you have to try and convince someone that you didn't want him to take down the fence.
Technically, in Queensland anyway, he needs written permission from you to remove the fence, or a court ruling if he can't get it. Problem now is, if you want your fence back, you'll probably have to go to court.
If you had got the police round when he was actually removing it you would have had evidence of your objection to his actions and a police record of his activity. And the police would probably have stopped him doing it. Now you have to try and convince someone that you didn't want him to take down the fence.
Technically, in Queensland anyway, he needs written permission from you to remove the fence, or a court ruling if he can't get it. Problem now is, if you want your fence back, you'll probably have to go to court.
We actually dont mind him putting up the wall he wants we just want him to get permission from council first so theres no comeback on us, if theres a problem after!!!
Jan 10th 2011, 1:02 pm
#22
BE Enthusiast
Joined: Aug 2002
Location: Northumberland to Maida Vale Perth
Posts: 972
Re: Boundary Fences....taking them down without a mutual agreement...
We've had a bit of a fall out with our neighbours. We applied for permission to extend our garage to 3 meters from the retaining wall (our plot is 900mm higher than his). We told the neighbours in advance what we were up to.
Whilst the plans were in seeking approval he came around to voice concerns about potential damage to the wall due to the building works, as is his right to be concerned. I told him 3 meters is quite far from the wall and I didn't expect any problems.
He then said he was unhappy about it and would like me to get a structural survey (about $700-800 cost to me
) to give him piece of mind. He said if any cracking did occur then we would not be able to see it as he'd just had a new fence built on his side of the retaining wall so obscuring it from view. This was a fence that he never even consulted us over, mind you it is a lovely fence.
I rang the shire up the next day to see if he had any grounds for concern. They told me I was free to build upto 900mm from the wall if I wished and that the neighbour had already been up to see them and they told him it was none of his business.
I can see how boundaries cause so many problems. The thing I got a bit upset over was he wanted me to fork out for his piece of mind. Still, we never used to speak to much before but now it's a lot quieter.
I don't think I'll be inviting them around for the barbie to celebrate finishing the extension.
Keel
Whilst the plans were in seeking approval he came around to voice concerns about potential damage to the wall due to the building works, as is his right to be concerned. I told him 3 meters is quite far from the wall and I didn't expect any problems.
He then said he was unhappy about it and would like me to get a structural survey (about $700-800 cost to me
) to give him piece of mind. He said if any cracking did occur then we would not be able to see it as he'd just had a new fence built on his side of the retaining wall so obscuring it from view. This was a fence that he never even consulted us over, mind you it is a lovely fence.I rang the shire up the next day to see if he had any grounds for concern. They told me I was free to build upto 900mm from the wall if I wished and that the neighbour had already been up to see them and they told him it was none of his business.
I can see how boundaries cause so many problems. The thing I got a bit upset over was he wanted me to fork out for his piece of mind. Still, we never used to speak to much before but now it's a lot quieter.
I don't think I'll be inviting them around for the barbie to celebrate finishing the extension.
Keel
Jan 10th 2011, 5:41 pm
#23
BE Enthusiast
Joined: Dec 2007
Location: Michelago
Posts: 545
Re: Boundary Fences....taking them down without a mutual agreement...
We are having a dispute with the neighbour regarding replacing a 500M boundry fence that was destroyed in a bush fire last year. We were both paid out by the insurance companies for 50% of the fence. I removed the burnt fencing, cleared the land and paid for the new materials and put up the new fence. This took me and my wife approx 7 days of hard work to complete without any input from the neighbour.I then sent the neighbour the bill for his half of the fence. He is refusing to pay dispite the cost being far less than what he was paid by the insurance company. This guy is fighting with neighbours on all sides regarding the fencing.
This guy only built his house here two years ago and is yet to move out of town and into his new place. What he hasnt realised is that there is no way you can get by on your own in the bush, you need the help of your neighbours when living out of town. I have no intention of going through the courts for the repayment but until the debt is paid, he will not be getting any help from me.
Barney
This guy only built his house here two years ago and is yet to move out of town and into his new place. What he hasnt realised is that there is no way you can get by on your own in the bush, you need the help of your neighbours when living out of town. I have no intention of going through the courts for the repayment but until the debt is paid, he will not be getting any help from me.
Barney
Mar 14th 2011, 10:29 am
#24
I'm now an Aussie too!!!
Thread Starter
Joined: May 2006
Location: 'Home by the Sea' Elanora
Posts: 5,030
Re: Boundary Fences....taking them down without a mutual agreement...
So he took half the fence down over a week ago, the builder didn't turn up when the neighbour said he was coming...no other activity... he hasn't even taken the old fence to the tip, its still in his trailer on his drive!!!
Then today.... we get a letter in our mailbox, telling us we caused a 'private nuisance' because some of our soil and stones and water are on his driveway, due to a storm, two nights ago...which apparently was caused by our joint retaining wall, which is apparently now 'our' retaining wall which he is requesting we fix at our cost!!
The only reason soil and stones have gone on his drive is because he has taken down that part of the friggin fencing....without our permission....unbelievable!!!
Then today.... we get a letter in our mailbox, telling us we caused a 'private nuisance' because some of our soil and stones and water are on his driveway, due to a storm, two nights ago...which apparently was caused by our joint retaining wall, which is apparently now 'our' retaining wall which he is requesting we fix at our cost!!
The only reason soil and stones have gone on his drive is because he has taken down that part of the friggin fencing....without our permission....unbelievable!!!
Even after two letters from a solicitor at Citizens Advice, both in our favour...
He is still trying to say the fence fell down, we watched him and his family take it down and took photos too....
He's now sent us another personnel letter, contradicting and lying about everything we said...
All this and weve never said he cant build the wall he wants, just get the approval, even though in this new letter it now seems to be 200mm shorter than the last conversation hubby had with him, maybe thats cause at 200mm shorter it wouldnt need any approval...funny that
Neighbours, everybody loves good neighbours....
