VIC neigbour attaching to boundary wall

[JackMan]

We have just built a new attached (to house) garage and retaining wall, all up to boundary and paid for by us at great expense. I know the fences act definition specifically excludes this. Garage wall is single brick.

Neighbour has drilled into the brick and attached a gate without permission. He says he will drill further and attach whatever else he wants. He says it is the same as a fence and it is his wall. Having a reasonable discussion with him is challenging.

Just trying to understand area of law this would fall under etc

 

[Rod]

Part fences act, part common law.

Drilling into the wall, depending on boundaries, is likely damage and trespass to your property. A garage wall is not the same as a fence as it is load bearing, and even then a neighbour is responsible for damage to a fence when they use it for more than a fence.

Options:
1. Do nothing. (Stew on it, get over it or believe in Karma).
2. Tell neighbour to remove gate and fix wall.
3. Send demand letter telling neighbour to remove objects from the wall and reinstate damage, then court if no action taken by neighbour.
4. Ask the Dispute Resolution Centre of Victoria for assistance.
5. Any combination of the above.

 

[JackMan]

Thanks, that's pretty much what I thought.