VIC How to Write a Statement to Magistrates Court?

[DMQC]

I don't quite understand the issue you're referring to, but am I correct in thinking the neighbours built a new fence in the same location as the old fence, which is not at the correct location, i.e. it is more on your side of the boundary?

 

[Wai]

Hi,

It is a long story. The neighbors built the new fence inside our property. They said the old fence was there for 25 years. I just wondering how much it will cost them if they go to claim adverse possession?

I also want to know if I need to provide all the evidence when I loge a complaint at the magistrates court or only need to provide evidence when I am having the hearing?

Thanks

 

[Tripe]

Your neighbour can't change (build) a new boundary fence without your permission.

You own 50%, they only own 50%, no one owns a majority share and can override the other.

You have the legal right to have the new fence pulled down and the old fence re established.

 

[Wai]

Hi, Tripe,

Thank you very much. We will take this to the court. Do we need to hand in all the evident when I loge the complain to the court or we can present the evident during the hearing?

Thanks

 

[Tripe]

You are better off issuing a letter of demand to your neighbour to reinstate the fence, if this fails then you can consider your legal options.

Contact you nearest community legal centre, they normally give you 1 hour of free legal advice.

 

[Wai]

Thank you Tripe