NSW Help with neighbour, ongoing litigation

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Kathy_024

Well-Known Member
16 November 2021
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0
71
Hi we have lived in our home for 30 years and 15 years ago a new neighbour moved in next door. In that time we have experienced ongoing harrassment, trepass, they have been warned by the police, accusations of the boundary fence encroaching 10cm on their land and ongoing malicious and vexatious complaints to council and repeated accusations accusing family members of certain actions, which are all false. This is a very brief summary. With the fence matter, lawyers were involved and it was proven that the neighbours claims were unfounded, no apology. But, this cost us money in legals. Now we are renovating and the complaints are being sent to council weekly, to the extent that we have to go to the Land & Environment court against the council to defend a repair to our front fence which falls under an Exempt and Compliant development. But the council is accusing us of unauthorised work. This has all occurred due to this individual trepassing on our property, taking photos and notifying the Council. We have engaged lawyers on this matter so again so far we have spent another $10K.
The trepass also continues,because the neighbour wants access through our driveway to have work done on his property. He doesn't ask he just takes the liberty of doing this and then lies when questioned. We have erected hoarding as per our DA and this has sent him into a feral state (as he can't do what he wishes) hence the unfounded complaints.

We are at our wits end, the police have suggested getting a personal order against him, but unless he has threatened us there is very little chance it would be approved. We have also thought of having a lawyer write to him in an aggressive and powerful tone, yet perfectly legal, to warn him about his behaviour. We live in a lovely area and refuse to move.
Has anyone suffered through a similar situation or can provide advice?
 

Rod

Lawyer
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27 May 2014
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www.hutchinsonlegal.com.au
1. Take out an intervention order against him.

2. If he trespasses again, take evidence to police and say you want him charged with trespass.

3. Ask lawyers about taking him to court on a nuisance complaint. Get council records of the complaints for use as evidence.
 

Kathy_024

Well-Known Member
16 November 2021
18
0
71
Thank you for your response. We will be seeing a lawyer soon about this ongoing behaviour.