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Neighbour refusing to pay for shared bore

Discussion in 'Property Law Forum' started by Lance Turner, 8 July 2017.

  1. Lance Turner

    Lance Turner Active Member

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    Hi Rob,

    thanks, yes, there don't seem to be many lawyers here who really know property law, the one we used was supposed to but we just didn't really get good advice from him, we feel. I do understand the reluctance to offer legal advice, but from our point of view there seems to be no simple avenue to address such situations when one party is completely uncooperative, so it's all rather frustrating that a simple problem, with an obvious solution, can't be resolved without one party dragging the other party into court, possibly incurring excessive costs in the process.

    I'm of the mindset now that we set up our water supply system of a primary rainwater tank (already installed) and a pressure pump, and have the bore pump refill the tank when it gets low, so the bore pump will run for a few mins every week, the rest of the time we simply don't provide power to the pumphouse. The neighbour will have no choice but to supply a pump for himself. We won't be stopping him accessing the bore with his own pump, we will simply be stopping him stealing from us.

    But, as I mentioned, with his free legal advice and lawyer mate, I expect he would try to make it hard for us, so it will all end up in court anyway...
     
  2. Tripe

    Tripe Well-Known Member

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    Lance,
    Community legal centres give anyone (pensioners to CEO's) 1 hour of free lawyer consultation, these 1 hour consultations, may not rectify all your issues, but head you in the right direction, which most likely will be a Letter of Demand, stating the threat of going to court if the issues is not sorted between you and your neighbour.

    These community legal centre are a great resource for people like yourself, who want an issues resolved but most likely don't want to pay the cost of private lawyers. Google shows me, Launceston has a community legal centre, Launceston Community Legal Centre. Free Legal Advice. Free Legal Services. Launceston Tasmania

    These community lawyers, will also recommend lawyers in your area who will specialise in your area of dispute with your neighbour, if you feel you need further legal advice.


    PS, you need to have some currency in front of a judge, like letter of demands, itemised bills etc, to show you have reasonably tried to rectify the issue, Hard luck stories carry very little weight in a court
     
  3. Tripe

    Tripe Well-Known Member

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    Not sure what went on, but I didn't see your replies before I did my last post ?

    Your thinking, of only partially running the pump, is the most obvious approach to bring things to a head.

    I find most people are full of the proverbial when they have a mate who is a lawyer.
     
  4. Rod

    Rod Well-Known Member

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    Maybe sell the debt to a debt collector at 50c in the dollar? :)
     
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  5. Lance Turner

    Lance Turner Active Member

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    Thanks for the input everyone, sorry for slow reply, have been on magazine deadline and just catching up on stuff now.

    I'm pretty sure I contacted the community legal centre here and they were the ones who said they couldn't/wouldn't help, but will try again this week.

    The issue is, any resolution where we prevent him from costing us money will cost us even more money. As we have decided to move in the next year or two (this area is so parochial and backward it is driving us nuts), I really don't want to be spending any more on this house than I need to, we are not likely to recover it with a higher sale price.

    Was thinking about a debt collector, not sure if they will take on this sort of thing though. But, I will send one final bill to his lawyer this week in a final attempt to get him to pay, but can bet nothing will come of it. Then I might contact an agency and see what they say.

    But, I suspect the only way to resolve this will be to disconnect this fool from the pump altogether. If I get time this week I will wander down to the local police station and let them know of the situation and that I may need their presence when I disconnect this guy.
     
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