NSW I DO NOT HAVE ACCESS AND HAVE NEVER HAD ACCESS OR A KEY TO LOCKED GATES ON THE SIDE OF MY PROPERTY

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Janice

Active Member
17 June 2018
8
0
31
I DO NOT HAVE ACCESS AND HAVE NEVER HAD ACCESS OR A KEY TO LOCKED GATES ON THE SIDE OF MY PROPERTY, BY THE ADJOINING NEIGHBOUR. 26M LONG X 28CM WIDE NARROWING DOWN TO 12.5CM FOR OVER 10 YEARS
February 2016 I DISCOVERED A REAR AWNING INSTALLED AND BUTTED ONTO MY BATHROOM WALL OF MY PROPERTY.I NOTIFIED COUNCIL OF A PERGOLA BUTTED ONTO MY BATHROOM WALL, AS I DIDN’T RECEIVE NEIGHBOUR NOTIFICATION FROM COUNCIL.THERE WAS NONE.
March 2016 IT WAS BOUGHT TO MY ATTENTION BY TRADESMEN WORKING ON MY ROOF THAT THERE IS A CAMERA IN A REAR BEDROOM NEXT DOOR VIEWING THE SIDE/INSIDE OF MY PROPERTY.
August 2016 I HAD OPTUS RELOCATE MY TELEPHONE BOX FROM THE SIDE WALL OF MY HOUSE, AS MY TELEPHONE LINE WAS CUT OFF AT THE SIDE WALL OF MY HOUSE.
I OPENED MY KITCHEN BLIND I DISCOVERED WHITE SUBSTANCE ON THE OUTSIDE OF KITCHEN WINDOW. I CALLED THEIR ADJOINING NEIGHBOUR TO TELL THEM THAT WHITE PAINT WAS ON THE OUTSIDE OF MY KITCHEN WINDOW, AND I WAS GOING TO CALL THE POLICE. THIS WAS REMOVED A FEW HOURS LATER.
MY PLUMBER AND I NOTICED MY GREY WATER RUNNING ONTO THE FRONT FOOTPATH. WE COULDN’T FIND WHERE THE WATER WAS COMING FROM. THE PLUMBER DIVERTERED MY CONNECTIONS INTO ANOTHER SEWER PIT AT THE REAR OF MY PROPERTY
June 2017 FENCER ATTENDED TO QUOTE ON A SIDE BOUNDARY FENCE (26M LONG X 28CM WIDE RANGING DOWN TO 12.5CM) AT MY COST AND ON MY BOUNDARY.NEIGHBOUR NEXT DOOR TOLD MY FENCER THAT HE HAD REMOVED THE SIDE FENCE. FENCER ASKED ME WHY I WAS PAYING FOR A FENCE ON MY PROPERTY, WITHOUT ASKING THE NEIGHBOURS FOR THEIR SHARE? THE SIDE FENCE WOULD HAVE BEEN 26M LONG THAT THE NEIGHBOUR REMOVED
I HAD MY WATER METER & TAP RELOCATED OFF THE SIDE WALL OF MY GARAGE BY MY PLUMBER, AS MY WATER TAP WAS BEING TURNED OFF. THE NEIGHBOUR NEXT DOOR HAS 2 PADLOCKED GATES (1 ON THE FRONT OF THE PROPERTY AND OTHER 1 ON THE SIDE OF THE PROPERTIES) ATTACHED TO MY PROPERTY, WHICH I HAVE NEVER HAD A KEY OR VERY LIMITED ACCESS TO MY PROPERTY.
October 2017 I SAW A LIT CIGARETTE BEING THROWN FROM THE NEIGHBOURS NEXT DOOR BALCONY ONTO MY FRONT BALCONY WHILE I WAS IN MY BEDROOM
December 2017 I SAW ANOTHER LIT CIGARETTE BEING THROWN FROM THE NEIGHBOURS NEXT DOOR BALCONY ONTO MY FRONT BALCONY WHILE I WAS IN MY BEDROOM.
February 2018 HOUSE NEXT DOOR GOES UP FOR AUCTION.
I HAND DELIVERED A LETTER TO NEXT DOORS SOLICITOR SHOWING SURVEYS FOR BOTH PROPERTIES, PHOTOS OF PAINT THROWN ON MY KITCHEN WINDOW AND A LIT CIGARETTE THROWN ON MY BALCONY.
I ATTENDED AN OPEN FOR INSPECTION NEXT DOOR TO INSPECT MY PLUMBING CONNECTIONS ON SIDEWALL OF MY PROPERTY. I DISCOVERED THAT MY PLUMBING CONNECTION WAS CUT OFF(HENCE MY GREY WATER RUNNING ALONG THE FOOTPATH IN AUGUST 2016), AND A HOLE IN MY SIDE WALL WHERE MY STORMWATER WAS CONNECTED, AND THEIR CONNECTIONS TO THEIR PERGOLA PIGGY BACKED ONTO MINE.
April 2018 I CALLED THEIR REAL ESTATE AGENT TO ASK THE OWNERS TO UNLOCK THE SIDE GATE LOCKED ONTO MY PROPERTY, FOR MONDAY FOR TRADESMAN DUE AM.
I HAD A TRADESMAN ATTEND MY PROPERTY TO INSTALL SECURITY SCREENS ON 2 SIDE WINDOWS TO PREVENT MY GRANDCHILDREN FALLING OUT. WHEN THE TRADESMAN ARRIVED THE NEIGHBOURS JUMPED INTO THEIR CAR, THE TRADESMAN KNOCKED ON THEIR CAR WINDOW AND ASKED THEM TO PLEASE OPEN THE GATE ON MY PROPERTY. THE MALE NEIGHBOUR SAID NO-ONE TOLD HIM, HE WAS WAITING ON A LETTER FROM HIS SOLICITOR, AND HE WAS GOING TO AN APPOINTMENT. THEIR REAL ESTATE AGENT SAID HE NEVER HAD A KEY TO LET ANYONE ONTO MY PROPERTY, AND THAT OWNERS WERE AWAITING A LETTER FROM THEIR SOLICITOR. I CALLED THEIR SOLICITOR WHO TOLD ME THERE WAS NO LETTER. I CALLED POLICE, WHO ATTEND SHORTLY AFTER. I PRODUCED DOCUMENTATION SENT TO THEIR SOLICITORS. ONE OF THE CONSTABLES TOLD ME IT WAS MY PROPERTY AND I WAS WELL WITHIN THE LAW TO REMOVE ANYTHING PUT ON MY PROPERTY. THE POLICE THEN WENT OVER TO SPEAK TO THE NEIGHBOURS
HOUSE NEXT DOOR DOES NOT SELL AT AUCTION, SIGNAGE REMOVED.
AFTER MONTHS OF TRYING TO FIND THE PLUMBER THROUGH COUNCIL, WHO DID NEXT DOORS PLUMBING. I FINALLY SPOKE TO THE PLUMBER WHO CERTIFIED THE NEIGHBOURS PLUMBING WORKS TO COUNCIL. THEIR PLUMBER VISITED AND CONFIRMED THAT HE DID NOT TOUCH ANY OF MY PLUMBING PIPEWORK ON MY PROPERTY PROPERTY, HE SAID THE NEIGHBOUR MUST HAVE DONE THAT AFTER HE HAD CERTIFIED HIS WORK.
May 2018 I LODGED AN AVO ON THE NEIGHBOUR FOR DAMAGES TO MY PROPERTY, AWAITING MEDIATION
I HAVE SPENT THOUSANDS OF DOLLARS RELOCATING AND RECIFYING MY SERVICES OVER THE PAST 2 YEARS. MY HOUSE WAS BUILT AROUND1870.
 

Tripe

Well-Known Member
22 May 2017
229
14
619
Which part of the world are you?


I’m guessing your question is about the locked gates in the boundary fence?


Were locks present, on the fence when you moved in?

If the fence is a boundary fence, then the gates can’t be pad locked without your permission.

Issue a letter of demand, and physically remove them your self, if they won’t do it.
 

Janice

Active Member
17 June 2018
8
0
31
Which part of the world are you?


I’m guessing your question is about the locked gates in the boundary fence?


Were locks present, on the fence when you moved in?

If the fence is a boundary fence, then the gates can’t be pad locked without your permission.

Issue a letter of demand, and physically remove them your self, if they won’t do it.
Hi, I'm in the inner west of sydney.
There was no side boundary fence (and still none) as the neighbour removed it prior to me moving in.
The neighbours locked gates are in the side of my brick walls
I have issued a letter of demand.
Council also ordered them to take down their rear pegola which is/was on my property. I have no access to confirm it is off my property to measure it. Council issued them a building certificate as they refused to take down the pegola.
Their solicitor wants me to pay for pegging of the side boundary and suggested compensation.
My survey has no changes to my property since it was done.
I have noone willing to get into next doors to cut locks off gates.
 

Tripe

Well-Known Member
22 May 2017
229
14
619
I’m Struggling to understand where the location of your gates are?

Are they on your property ? If so, cut the locks off for access.

As for your fence, under the boundary act you
Are entitled to a 5ft high rabbit proof fence in suburban areas. You need to issue your neighbor with a “notice to fence “ and they will need to contribute 50% of the reasonable building cost of a 5ft rabbit proof fence.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
It is hard to visualise without a photo. My image is a narrow slice of land 26m long, starting at 28cm wide going to 12 cm wide at the other end. Not usable by the OP, but still her property.

I think the neighbour removed the fence and put gates in preventing access to her narrow strip of land. If it was me I'd be out with an angle grinder and saw removing whatever was on my land.

She needs to give notice under the fences act that she needs access to repair the damage the neighbour has done and then bill him for the costs. This kind of neighbour is not likely to co-operate in anyway and it will be hard work every step of the way.

Or forget about it.