QLD Harassment - What are My Civil Rights?

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21 March 2018
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0
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I am new to this forum and hope someone can help me. There has to be someone on here who has endured similar harassment to what I have for over three months.

I live alone in a townhouse and one of the neighbours, whose unit backs onto mine, has relentlessly stalked me from an upstairs bedroom window for months. I have a larger unit and yard than theirs, and their yard only partly joins my back fence. However, this give them the ultimate vantage point to view my yard from an angle.

I cannot step outside, be in my own courtyard or side garden, mow the small lawn or otherwise go about my own private life, without that guy openly watching me. He openly films me, and of late has had spy cams (from what I can see), on the window sill. The synchronization between my going outside and their blinds moving, light being switched on, etc, is too exact to be random.

The man and his family invented the 'perfect crime' to get me evicted, by claiming that I am a danger to their one-year-old baby (who looks a lot older than 1 actually). For over 18 months, old palm branches would appear in my yard. Last September I started to visually monitor the two palm trees in my yard and was certain that a palm over the fence in early December was not mine. I threw it back and the guy exploded beyond words.

He is a bully and a dictator. He claims that the baby was in the yard (he leaves a baby outside unattended under palm trees which he claims 'rain' branches?). I knew for certain the child was not outside. Since then he has deliberately thrown palm after palm after palm over my fence to provoke me to throw them back and hence he could accuse me again.

One Sunday he threw one over, and he and his family kept rushing outside like vultures to see if I would go outside and react. He was still prowling outside just before Midnight and left the glaring outside light on all night. I had purchased security cameras including an invisible night vision camera and these have caught him outright throwing the palms.

Last Sunday he threw over two decrepit old palms, which the video footage clearly shows him 'getting' from the corner of his yard a short while previously. When confronted with the facts he still raved that I was the one throwing the palms over the fence.

I have been to the police and they were informative, but they did not think that this is criminal behaviour. I do feel threatened and intimidated and almost fear going outside. I pay rent for a yard which I maintain to a lovely standard, a yard which he and his wife survey like vigilant German Shepherds if I dare go outside. What business is it of theirs if I wish to be outside?

They have installed a powerful outside light that illuminates my yard almost completely, and this is switched on most evenings and sometimes overnight. I cannot be in almost any location in my yard at night, because of that glaring light. An additional spotlight has now been put into a tree to blast straight at my backdoor. The guy had this switched on last night just before 3am. Is this Australia or Auschwitz?

How does the civil law protect me in this instance? Why should I relocate because of them, thereby giving them the 'victory' ? The main issue for me is that I don't think that the guy can just stand at his window upstairs and film me going about my private life in my own yard. They know full well that they scare me with their bullying and aggression.

I have put up several shade umbrellas, but these can't be up all the time due to the wind, etc. I have even resorted to using just the canopy section of a cantilever umbrella, which is like a giant Frisbee when used on its side.

If anyone has opinions as to what my civil rights are, I would be grateful.
 

Clancy

Well-Known Member
6 April 2016
973
69
2,289
I am not sure about the specific legalities? But if i had neighbors like that, i would be smiling because it is the golden opportunity for me to start being evil and having some fun (but not actually breaking the law).
The way i respond to aggression and bullying is to smile right in their face.. It drives them nuts when they realize they are not having the desired effect. It also drives them nuts to know you are actually enjoying the conflict! But at the same time i will also be reminding them "any time you want to keep to yourself, i will keep to myself, its up to you".
 

Genna

Active Member
4 June 2021
8
2
34
I am new to this forum and hope someone can help me. There has to be someone on here who has endured similar harassment to what I have for over three months.

I live alone in a townhouse and one of the neighbours, whose unit backs onto mine, has relentlessly stalked me from an upstairs bedroom window for months. I have a larger unit and yard than theirs, and their yard only partly joins my back fence. However, this give them the ultimate vantage point to view my yard from an angle.

I cannot step outside, be in my own courtyard or side garden, mow the small lawn or otherwise go about my own private life, without that guy openly watching me. He openly films me, and of late has had spy cams (from what I can see), on the window sill. The synchronization between my going outside and their blinds moving, light being switched on, etc, is too exact to be random.

The man and his family invented the 'perfect crime' to get me evicted, by claiming that I am a danger to their one-year-old baby (who looks a lot older than 1 actually). For over 18 months, old palm branches would appear in my yard. Last September I started to visually monitor the two palm trees in my yard and was certain that a palm over the fence in early December was not mine. I threw it back and the guy exploded beyond words.

He is a bully and a dictator. He claims that the baby was in the yard (he leaves a baby outside unattended under palm trees which he claims 'rain' branches?). I knew for certain the child was not outside. Since then he has deliberately thrown palm after palm after palm over my fence to provoke me to throw them back and hence he could accuse me again.

One Sunday he threw one over, and he and his family kept rushing outside like vultures to see if I would go outside and react. He was still prowling outside just before Midnight and left the glaring outside light on all night. I had purchased security cameras including an invisible night vision camera and these have caught him outright throwing the palms.

Last Sunday he threw over two decrepit old palms, which the video footage clearly shows him 'getting' from the corner of his yard a short while previously. When confronted with the facts he still raved that I was the one throwing the palms over the fence.

I have been to the police and they were informative, but they did not think that this is criminal behaviour. I do feel threatened and intimidated and almost fear going outside. I pay rent for a yard which I maintain to a lovely standard, a yard which he and his wife survey like vigilant German Shepherds if I dare go outside. What business is it of theirs if I wish to be outside?

They have installed a powerful outside light that illuminates my yard almost completely, and this is switched on most evenings and sometimes overnight. I cannot be in almost any location in my yard at night, because of that glaring light. An additional spotlight has now been put into a tree to blast straight at my backdoor. The guy had this switched on last night just before 3am. Is this Australia or Auschwitz?

How does the civil law protect me in this instance? Why should I relocate because of them, thereby giving them the 'victory' ? The main issue for me is that I don't think that the guy can just stand at his window upstairs and film me going about my private life in my own yard. They know full well that they scare me with their bullying and aggression.

I have put up several shade umbrellas, but these can't be up all the time due to the wind, etc. I have even resorted to using just the canopy section of a cantilever umbrella, which is like a giant Frisbee when used on its side.

If anyone has opinions as to what my civil rights are, I would be grateful.
Dear Ursuala, I'm not a legal expert, just going through similar issues with abusive neighbours. You can approach QCAT, Qld Civil & Administrative Tribunal. Your issue with the trees falls under the Neighbourhood Disputes Act, you can sue the neighbour for expenses, littering your yard etc. Re filming you in your yard, while no one has the right to film or take photos of you without consent in a private place where you would expect reasonable privacy, your yard is not classified as such. I'm not sure what Townhouse Body Corporates are about but I know they fall under Tenancy Law, which states a neighbour is entitled to reasonable privacy, perhaps look up RTA Law for Body Corporates.

https://www.qcat.qld.gov.au/