VIC Fencing boundary

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David Dj

Member
25 April 2020
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I have an issue with my neighbour re installation of new fence.

The new fence is 9 meters less than the old fence ...
the neighbour has decided to use my house side brick wall as a feature, has created a planter box up to my wall onto my boundary.

And has started painting my brick wall which is clearly on my boundary without my consent or approval.

I'm considering getting a surveyor to establish boundaries between the two properties to establish where the fence line is and boundaries ... this neighbour is uncooperative.

This is a cost to me, this may be required if this needs to go to court.

1. What are my options re fencing ie the full length of fence was not replaced (like for like)

2. Painting of my house wall
 

Rod

Lawyer
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27 May 2014
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Need more background.

Who paid for the replacement fence, and what was agreed regarding the '9 metres less'?

Normally fences go on the same boundary as the old fence.
 

David Dj

Member
25 April 2020
4
0
1
Next door paid or the fence, no approach or agreement was discussed and the 9m shortage waz not mentioned.
We were verbally told on the day the old fence was getting torn down.
 

David Dj

Member
25 April 2020
4
0
1
Next door paid or the fence, no approach or agreement was discussed and the 9m shortage waz not mentioned.
We were verbally told on the day the old fence was getting torn down.
Forgot to mention ... I was able to squeeze all the way down past my wall with the old fence, I Now have no access!
 

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Rod

Lawyer
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27 May 2014
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Your neighbour looks like he has taken some of your land.

Send the neighbour a letter/email detailing you want the fence put back up where it used to be else you will get a survey done, fence installed on the boundary or where the fence used to be (you may be able to claim adverse possession if the old fence was older than 15 years- though do not tell him atm).

Not sure what you want to do with the paint on your home.

Another option is to sell him that bit of land with an easement so you still have access for repairs. You need to check to see if you have any underground services located under this bit of land.

If you do nothing, in 15 years time he will own that land.