Hi, I purchased a home in strata 2.5 years ago and recently discovered the property is bigger than I first thought and the tenants next door are parking on my lot and the father of the owner has said this can continue as happened now for 2.5 years. I have gone to owners corp but strata manager said in writing she hopes I cooperate while this is sorted. The cooperation expected from me is that I allow this to continue so as not to affect the tenants who are paying rent. I have rung NSW fair trading who have basically stated the registered plan rules and has encouraged me to submit for mediation. The thing is I don't want them parking on my land now. I have put a notice in the space stating Under SP blah blah the property is mine. I have put up a no parking sign. I have informed the strata and I have written to the father of the person who owns who says he is the representative all asking not to park on my space anymore. I am at the point now where I am thinking I will wait for the car to move and block my part of the space. Is this ok to do? I would also like to point out the reason I looked into the space is the tenant is leaving everyday at 3am and waking me up. The tenant left a note on my door calling me a pig because I had a bag of rubbish on my tiny winey bit of space he left me and it offended him. I just feel I am being treated very badly by the tenant, the owners rep and strata managers. Please help.
NSW Boundary Woes after saving for 10 years to buy my home
- Thread starter Tracey Dalton
- Start date
As long as you're not breaching the by-laws, wait for them to leave and block it. If it's your land on title, you have the right to use and enjoy it. Even if it's exclusive use common property, you still have the right to use it yourself.
If they persist, inform them that they are trespassing and to remove themselves/their items. If they persist, inform them that if they don't leave you will call the Police or use reasonable force to eject them.
If the owner's father mentions the 2.5 years, tell him adverse possession in NSW is 12 years so he hasn't got a leg to stand on.
If the strata manager chips in, tell them you've been fair but the neighbour is interfering with your property rights as an owner, and causing a nuisance. I'd almost bet that's a breach of the by-laws in itself.
If they persist, inform them that they are trespassing and to remove themselves/their items. If they persist, inform them that if they don't leave you will call the Police or use reasonable force to eject them.
If the owner's father mentions the 2.5 years, tell him adverse possession in NSW is 12 years so he hasn't got a leg to stand on.
If the strata manager chips in, tell them you've been fair but the neighbour is interfering with your property rights as an owner, and causing a nuisance. I'd almost bet that's a breach of the by-laws in itself.
I agree with Rob. They are trespassing. You can take them to court though I don't recommend this unless they continue to abuse you and continue to trespass.
I'd be sending them a cease and desist letter via registered post as a first step.
I'd be sending them a cease and desist letter via registered post as a first step.
Thank you Rob and Rod. There is now a 12 seat outdoor dining on the land. It shows as a part of my courtyard on plan but is not fenced accordingly. I also telephoned 11 real estates in the area to track down who manages the property next door. Copies of plans and photo's have been emailed to real estate, with a request that the tenants use desist. Even since putting the dining set there the tenant has moved their bins to sit by my table and keeps putting the 3 bins back when I move them, ignoring a 'trespasser's will be prosecuted' sign. This is a very audacious person. I am seeking permission to fence according to plan using the fact all my other options to get use of this part of my courtyard have been exhausted. Thanks for the advice.
Tracey
Tracey
You can consider putting a small note under the trespassing sign - Please smile next time for the camera.
Haha I went to JB Hifi Saturday to purchase one! They did not have the single unit under $100 I wanted, in stock. It is on it's way via internet. I am concerned about my table as it cost a lot of money and I would rather have it back on my deck where it should be. Hopefully the show of force and all the emails will see me able to return my table to my deck. The other neighbours think it is great, that I have done this and now they want to come over for wine. I have actually made more friends in the strata. People are actually going out of their way when they drive in and out to take a look!
Your land is your land, and they can't use it without your permission.
place some cheap planters or similar on the boundary, if they damage or break them with their car, call the police and make a complaint about damage to your property, that will
Give them a reality check.
place some cheap planters or similar on the boundary, if they damage or break them with their car, call the police and make a complaint about damage to your property, that will
Give them a reality check.
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