VIC Fences - Tricky Neighbour Dispute

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Susan G

17 April 2015
Current Situation
Our neighbour has a 10 foot high brick wall which runs about 20 metres along our fence line.
We actually thought this was our boundary fence but our neighbour claims that he built it 3 inches in the boundary line so he can have pipes attached to our side of the wall. Our neighbour cannot access that 3 inches of land without coming on our land. We allowed his plumber to enter our property and affix a pipe to the fence as an act of goodwill (this neighbour a has a long history of sending us various complaints and sending the council around for supposed issues - all unfounded. We have never instigated any contact with the neighbour).

1. Neighbour threatens to sue us for trespass if we cross on to that 3 inch strip of land. When we thought it was a boundary fence we attached our pool fence to it. When neighbour claimed the fence was on his land, so we moved the pool fence away from it.
2. Neighbour cannot access or even see our side of the brick wall, but wants a boundary fence reinstated (there are some old star peg posts that must be from the original fence).

I am assuming that the neighbour is worried that we will claim the land as ours, but we wont. So my questions are:
1. Under property law, do we ever have to give him access to our property to access his side of the fence?
2. Do we have to reinstate the post and wire fences? Neighbour claims we removed it, which we did not, but there have always been old posts there. We assume if it was removed it was when he built the wall long before our time .
3. The council has advised us we can erect screening to the height of 2 meters inside our property line. If we do this, do we still need to erect the post and wire fence in between to screen and the brick wall?
4. I have kept a list of contact and claims from the neighbour - at what point can we claim it vexatious and harassment? It is impacting our lifestyle and stress levels.

I should point out that this ongoing complaints and contact started about 3 years when we objected to the neighbours subdivision, with which he was successful. We accepted that and moved on. He seems intent on making us pay emotionally and financially.
Thanks so much


LawConnect (LawTap) Verified
27 May 2014
Q: Did the neighbour ever provide proof the wall is solely on his property?

I'd be asking for proof before undertaking any work.

Also, read this link.

Susan G

17 April 2015
Thanks Rod. He hasn't shown us real proof as in a survey. The council said his plans show the wall being inside his property line. I don't want a long drawn out expensive battle. I have always tried to resolve issues. My husband doesn't want me to even respond to the neighbour because it is always one thing after another that we continue to give in to.