Garage wall - neighbour fixing to built to boundary wall

[butters1988]

I have just been advised by my partner that our neighbour has decided to fix a fence post to our built to boundary wall with dynabolts into our brick.

Is this legal for someone to fix something to our house, without seeking and being granted permission?

We are located in QLD.

 

[Rob Legat - SBPL]

No. This is a form of property trespass called an encroachment. Your neighbour should be installing a free standing fence post which doesn't attach to your property.

The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 also specifically excludes walls that are part of a house, garage or other building from being considered a fence.

 

[butters1988]

That was my thoughts, what action can be taken? They have since removed the post and fixings and now I am left with three bolt holes filed with concrete in a colour different to the brick.

 

[Rob Legat - SBPL]

In practical terms, nothing worth pursuing. They've filled the holes. While they're in a different colour, I assume they're only visible from the neighbouring property. You've got no apparent loss of amenity, and I would also assume no damage to the structure.