Hi, wanting to get some advice. The property next to us was purchased in 2018 by a developer who didn't do his due diligence. Now he is insisting that overhead powerlines that are on his property that supply our power and a neighbouring property need to be moved to make way for a storm water easement. They are Energex assets, which Energex has confirmed in writing to us. He is now threating legal action claiming Unlawful Trespass and that the power poles and line are privately owned by us. We are not sure how to respond to the lawyers letter. The developer is aware that the poles/lines are Energex assets. Both the council and Energex have stated in writing that if the poles need to be moved that the developer is to supply an underground supply at his cost. And that the council and Energex need this approval in writing from us for works to commence. We haven't refused permission however, we have asked for more detailed information about the works which haven't been supplied. So our question is...how do we respond to the lawyer's letter knowing that their claims are false and that the developer is aware of this.
Bit hard to say how to reply without seeing the actual letter.
In the end, it's really up to them to "start something".
These are not people with whom you can negotiate.
If they are anything like your average developer,
then it's not about facts, only barely about the law,
and 90% about money.
If you cannot resist the urge to reply,
then reply to threats of legal action with
"Well, go on then."
In the end, it's really up to them to "start something".
These are not people with whom you can negotiate.
If they are anything like your average developer,
then it's not about facts, only barely about the law,
and 90% about money.
If you cannot resist the urge to reply,
then reply to threats of legal action with
"Well, go on then."
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