boundary wall to neighbouring home,

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Marksydney

Member
28 May 2018
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My home is situated in Sydney's inner west next door to a warehouse conversion. The warehouse forms the boundary line to the property. Does my neighbour have the right to paint this wall, that is only visible to my property. The neighbour would need to have to gain access to my property.
Can someone point me in the right direction. Thank you.
 

Rod

Lawyer
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27 May 2014
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Depends on who owns the outside of the wall. Need to check the title. Suspect he has the right to paint his property, but as you point out he needs access via your property.

No sure of NSW law, but he may be able to obtain access without needing permission, in which case you are better off negotiating a colour and access without forcing them to seek permission (from NCAT??). Check to see if NCAT have the authority to allow access to your property. You might also be able to negotiate some landscaping for free ;)
 

Marksydney

Member
28 May 2018
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0
1
They would need to access my yard and have no ability access the rear yard. Accessing without permission would be trespass.

My home is built 20cm from their wall for approximately 80% of the wall in question. Thye would literally only be painting a wall that faces into my courtyard.
 

Tim W

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28 April 2014
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Have a read of this.
 

Clancy

Well-Known Member
6 April 2016
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They would need to access my yard and have no ability access the rear yard. Accessing without permission would be trespass.

It is almost cute that people in Australia still think they own their own land, hehehehe..... Ownership of land in Australia does not translate to having full authority of that land, and what authority you do have is subject to law. and there are various authorities that can come along and tell you what to do on your own land.