Neighbors from Hell - Nuisance and fear for safety

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DarkAngel

Member
2 February 2024
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Hi

We are located in Queensland and have had a new tenant move into the property next door, and have since had our fair share of ongoing property damage and nuisance. We are currently at wits end, and not sure how to proceed now without being forced to relocate from a house we own.

1. Our neighbors run a landscaping, firewood cutting business from their rental premises, several workers show up daily, as early as 430am, they will rev their cars and play loud music outside our bedroom window, their dogs will bark constantly. The area on the property set up for the business is right outside our bedroom window - this is where they will load machinery onto trailers and trucks, start up chainsaws and mowers and rev them, plus do all the maintenance. This can start from 5am and go till late in the evening. (the local council and real estate property manager has permitted this, and the ombudsman has referred it back to the council)

2. The firewood cutting business, they had set up so trucks would dump wood against our fence (pushing the fence over), and utilizing chainsaws and woodsplitters with noise emitting for up to 12 hours a day. The council did nothing about this till the ombudsman stepped in, by that time winter had finished and the operation ceased. It recommenced the following year only this time without cutting the wood, only dumping cut wood in the yard, and loading the trucks up for delivery, this would go from 5ish till 9 or so at night. Again council and the REA has permitted this. Its again coming into the start of the wood season and it will start again.

3. They stand at the boundary fence and stare at our house, which you could see into the bedroom window, same with where the workers park along the boundary fence, you can see through the glass sliding door into our bedroom, they have also been on the neighbours roof with the neighbors and would stare through our raised bathroom window while we would go to shower. Our blinds are now only open for short periods of time at night for our privacy. So very little sunlight shines in our bedroom and ensuite. We have been to the REA who told the neighbour of our complaint, and escalated the grievances

4. Ongoing drunken gatherings occur on a regular basis with brawls, and screaming, yelling, throwing glass bottle around, music blarring till 3-4 in the morning, usually anywhere from 15 people up to 50-60 individuals this occurs weekly if not more. QPS never attend and we ultimately have to put up with it, It keeps our new born awake, and doesn't matter where in the house we go, it just as bad.

5. They ride their dirtbikes around the yard constantly. For example it went Friday afternoon for 4 hours straight. then Saturday and Sunday for 12-13 hours straight respectively, again yesterday evening for another 3 hours. QPS refuse to do anything, they are little 50cc, and while its not the level of noise, it is the duration of occurrence. It wakes the baby, and starts screaming, the constant buzz is irritating, and extremely audible throughout our house with all the windows and doors shut up. Again our choice is listen to the noise and have fresh air, or keep the house shut up.

6. Their dog has previously snapped and showed escalating aggressive behavior's which ending up in the their dog mauling ours resulting in her death. Our newborn was in the vicinity at the time of the attack. The same dog went on the snap at myself and our other dog 2 weeks later. The incident has never been fully investigated, the dog left on the premises where it is able to jump the fence, and access our yard. It has previously been right up to our beck door. We have not had our newborn outside since the event. As such she has no exposure to fresh air or sunlight. The dog was not declared aggressive or a nuisance by the council, and the owners did not have to fix the fence, or contain the dog. The other 2 dogs on the property are frequently in our yard, barking, defecating, and wondering around. We understand the dog laws in Qld are different and the only was to seek compensation is through civil law. At this stage we are trying to find a solicitor who wont charge us $4k+ just to look at the case.

The ongoing events have caused extreme distress and anxiety, we have previously been abused by the neighbour, (to long ago for a peace and good behaviour order). The neighbours are very good at knowing how to push the annoyances without causing damage to themselves. The REA has refused to breach the tenants. These ongoing events have impeded on our privacy, peace and enjoyment of our property, and basic human rights. Not to mention the property damage that has occured as a result.

At this stage we are now unsure how to proceed in the matter and understand that it may been seen as insignificant and petty, but dealing with this for 2 years so far, and the lease has just been renewed, is now having a negative effect on our lives.

Thanks for reading and any advice that your able to provide.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
Your options:

1. Do nothing
2. Move
3. Seek legal assistance.

You need to weigh up what works for you. You likely need to spend more than $4k sorting out the legal issues if you get advice. You likely have cases against the property owner, the tenant and the local council.

Keep a log of all events.

Well prepared letters should be sent to the council, the owner, the tenant, and whoever controls noise abatement in QLD (EPA in Vic)

Owner - tort of nuisance
Tenant - Intervention order, nuisance
Council - Misfeasance.