NSW Fences and Property Law - Privacy Wall Dispute with Neighbour?

Discussion in 'Property Law Forum' started by Ching Serrano, 11 February 2016.

  1. Ching Serrano

    Ching Serrano Member

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    I would inquire if my neighbours have the right under property law to attach the post of their front fence to a privacy wall inside our property without even informing us?

    When we informed them in writing that the wall where they attached their post is not a boundary fence, but a structure for the purpose of privacy. They arrogantly answered that they have a right to do so as the wall is considered a boundary fence.

    We informed them that the wall is for a privacy screen. That's the reason it is built inside our property. According to them, it is considered a boundary fence and whatever we say, their attachment will stay and we can take the matter to any court or tribunal.

    Your help is truly appreciated as we have to know if we are on the right side of the law and if we have to take this matter further.
     
  2. Rod

    Rod Well-Known Member
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    If you are confident the privacy screen is wholly on your property and doesn't touch the boundary then you are within your rights to demand (via letter) the removal of their property (ie post) from your land. If they do not remove it within a reasonable time, say 14 days, you can remove the post and place the post back on their land (they own the post). Demand letter should be sent via registered post as this issue has the potential to turn nasty.

    PS: Take lots of clear photos, both before and after!

    Alternatively, are there any non-antagonistic family members than can negotiate a settlement (eg wives/husbands)?
     
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  3. Rod

    Rod Well-Known Member
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    PS: Is their post wholly within your boundary, or is it part way across the boundary?
     
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  4. kelkel2019

    kelkel2019 Member

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    I have the same problem as you. My wall is inside my land and my neighbour attached a timber board to my wall.
    When I told my neighbour to remove it, he asked me to show him a boundary report to prove it is mine. Otherwise, he won't remove it.

    What did you do with your neighbour's post? Did you end up removing his post?
     
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