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VIC Neighbour Adding Boundary Fences Without Permission?

Discussion in 'Property Law Forum' started by debodani, 24 September 2016.

  1. debodani

    debodani Member

    24 September 2016
    Likes Received:
    My neighbour attached a wall to our boundary fence. He did not ask my permission and I would have rejected his request for the following reasons:

    - It adds weight to the fence which could potentially make it lean.

    - There is now a cavity between the wall and fence where leaves, etc., can collect with no way of removing them as both the fence and the wall are very high. This creates a fire & rotting risk.

    - He has attached electrical cable to the boundary fence which is not enclosed in conduit. This creates a risk of electrocution.

    I have contacted the council and they are only interested in getting him to obtain a building permit because the wall is over 2 metres high. They are not interested in the electrical or my other issues.

    My questions are:

    - Is he required by property law to seek my permission before attaching a wall and cable to the fence. Is this covered under the fencing act?

    - Are there any other authorities I can report this to?

    - Can I force him to remove the fence and repair the damage caused?
  2. Rod

    Rod Well-Known Member

    27 May 2014
    Likes Received:
    Report electrical safety here.

    My understanding, which could be wrong, is he can do what he likes to his side of the fence. However if he subsequently damages the fence or shortens its life he is responsible.

    re: Electrical cable. Have you mentioned that he will not be covered by insurance if his house burns down, or yours burns down, as a result of faulty and unsafe electrical cabling? Maybe hint that you might end up owning his property!
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    debodani likes this.

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