Hi,
We live on a rural property and have been recently blessed with a new neighbour. He has bought the property north of us and goes through 3 gates to get to his place. My issue is he refuses to shut any of the gates including the boundary to his property. The first gate is on a gazetted road which has been there since we moved here and no other neighbours have a problem shutting it. The second gate is on a road reserve and the third is his boundary gate.
I have asked him several times to shut the gates as they divide my paddocks and keeping stock where they are supposed to be is obviously unobtainable. My horses have been in the wrong paddock with no water, cattle out on a major highway and my cattle also on his place which is rife with poisonous plants eg. lantana, bellyache bush. I've spoken to this neighbour several times and he absolutely refuses to shut any of the gates and is quite aggressive about it. When my husband gets home in November we plan on putting a grid on one gate which is a road reserve. (Gazetted road then becomes a road reserve closer to his property). I cannot use two of my paddocks at the moment because of this problem. This bloke is a bully and recently assaulted my caretakers when they queried him.
Is he legally required to keep his boundary gate closed until he grids it? As a biosecurity risk I feel he should.
Is it willful damage if something happens to my cattle or horses due to him leaving gates open?
How wide on a 2 chain road reserve is he allowed to clear? He's had his bulldozer clearing trees to quite a wide width.
I am quite frustrated as the Main Roads, DAF, council and police all seem to put it in the "Grey Area" and have not been able to give me any helpful information.
Thank you for time.
Rachel
We live on a rural property and have been recently blessed with a new neighbour. He has bought the property north of us and goes through 3 gates to get to his place. My issue is he refuses to shut any of the gates including the boundary to his property. The first gate is on a gazetted road which has been there since we moved here and no other neighbours have a problem shutting it. The second gate is on a road reserve and the third is his boundary gate.
I have asked him several times to shut the gates as they divide my paddocks and keeping stock where they are supposed to be is obviously unobtainable. My horses have been in the wrong paddock with no water, cattle out on a major highway and my cattle also on his place which is rife with poisonous plants eg. lantana, bellyache bush. I've spoken to this neighbour several times and he absolutely refuses to shut any of the gates and is quite aggressive about it. When my husband gets home in November we plan on putting a grid on one gate which is a road reserve. (Gazetted road then becomes a road reserve closer to his property). I cannot use two of my paddocks at the moment because of this problem. This bloke is a bully and recently assaulted my caretakers when they queried him.
Is he legally required to keep his boundary gate closed until he grids it? As a biosecurity risk I feel he should.
Is it willful damage if something happens to my cattle or horses due to him leaving gates open?
How wide on a 2 chain road reserve is he allowed to clear? He's had his bulldozer clearing trees to quite a wide width.
I am quite frustrated as the Main Roads, DAF, council and police all seem to put it in the "Grey Area" and have not been able to give me any helpful information.
Thank you for time.
Rachel
